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S1445......................................................by STATE AFFAIRS LIQUOR LICENSE - Amends existing law to authorize issuance of a liquor license to a food and beverage facility located in a building listed on the National Register of Historic Places and located in a National Register Warehouse District. 02/12 Senate intro - 1st rdg - to printing 02/13 Rpt prt - to St Aff
S1445|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1445 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO LICENSE TO RETAIL LIQUOR; AMENDING SECTION 23-903, IDAHO CODE, TO 3 AUTHORIZE ISSUANCE OF A LICENSE TO A FOOD AND BEVERAGE FACILITY LOCATED IN 4 A BUILDING LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES NOT LATER 5 THAN 1997 AND LOCATED IN A NATIONAL REGISTER WAREHOUSE DISTRICT. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 23-903, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 23-903. LICENSE TO RETAIL LIQUOR. The director of the department of law 10 enforcement is hereby empowered, authorized, and directed to issue licenses to 11 qualified applicants, as herein provided, whereby the licensee shall be autho- 12 rized and permitted to sell liquor by the drink at retail and, upon the issu- 13 ance of such license, the licensee therein named shall be authorized to sell 14 liquor at retail by the drink, but only in accordance with the rules promul- 15 gated by the director and the provisions of this chapter. No license shall be 16 issued for the sale of liquor on any premises outside the incorporated limits 17 of any city except as provided in this chapter and the number of licenses so 18 issued for any city shall not exceed one (1) license for each one thousand 19 five hundred (1,500) of population of said city or fraction thereof, as estab- 20 lished in the last preceding census, or any subsequent special census con- 21 ducted by the United States bureau of the census or by an estimate that is 22 statistically valid including adding the number of new residential utility 23 connections or including adding the population of areas annexed into the city 24 after the last census or special census was conducted, except that upon proper 25 application thereof not more than two (2) licenses may be issued for each 26 incorporated city with a population of one thousand five hundred (1,500) or 27 less, unless the retail licensing of liquor by the drink has been previously 28 disapproved under the provisions of sections 23-917, 23-918, 23-919, 23-920 29 and 23-921, Idaho Code; provided, however, that any license heretofore issued 30 may be renewed from year to year without regard to the population or status of 31 the city for which such license is issued. Any license issued and which has 32 remained in effect at its location for a consecutive period of ten (10) years 33 or more shall be deemed to have been validly issued and may be renewed from 34 year to year provided, however, that the applicant for the renewal of such 35 license is not otherwise disqualified for licensure pursuant to section 36 23-910, Idaho Code, and, if the premises required special characteristics for 37 original licensure, other than being either within or without the incorporated 38 limits of a city, that said premises continue to have such special character- 39 istics at the time of the application for renewal. 40 Nothing herein contained shall prohibit the issuance of a license to the 41 owner, operator, or lessee of an actual, bona fide golf course whether located 42 within or without the limits of any city, or located on premises also operated 43 as a winery, or ski resort, or to the lessee of any premises situate thereon, 2 1 no part of which ski resort or the premises thereon is situate within the 2 incorporated limits of any city. For the purpose of this section a golf course 3 shall comprise an actual, bona fide golf course, which is regularly used for 4 the playing of the game of golf, and having not less than nine (9) tees, 5 fairways and greens laid out and used in the usual and regular manner of a 6 golf course. Nine (9) hole courses must have a total yardage of at least one 7 thousand (1,000) yards, and eighteen (18) hole courses must have a total 8 yardage of at least two thousand (2,000) yards as measured by totaling the 9 tee-to-green distance of all holes. The course must be planted in grass 10 except that it may provide artificial tee mats. Where any such golf course is 11 owned or leased by an association of members and is used or enjoyed by such 12 members, or their guests, none of the disqualifications contained in section 13 23-910, Idaho Code, shall apply to such association as a licensee where such 14 disqualifications, or any of them, would apply only to a member of such asso- 15 ciation where such member has no interest therein except as a member thereof. 16 Also for the purpose of this section a ski resort shall comprise real 17 property of not less than ten (10) acres in size, exclusive of the terrain 18 used for skiing and upon which the owner, operator, or lessee of the ski 19 resort has made available himself, or through others, including but not lim- 20 ited to the owners of condominiums, permanent bona fide overnight accommoda- 21 tions available to the general public for one hundred (100) persons or more, 22 and which real property is contiguous to or located within the area in which 23 skiing occurs, and which real property is regularly operated as a ski resort 24 in the winter time, and where the owner, operator, or lessee of the ski resort 25 is also the owner, operator, or lessee of the area served by a bona fide chair 26 ski lift facility or facilities. Alternatively, for the purpose of this sec- 27 tion a ski resort may also be defined as a downhill ski area, open to the pub- 28 lic, comprising real property of not less than two hundred fifty (250) skiable 29 acres, operating two (2) or more chair lifts with a vertical lift of one thou- 30 sand (1,000) feet or more, and capable of transporting a minimum of one thou- 31 sand eight hundred (1,800) skiers per hour. A ski resort qualifying under this 32 definition shall also have on the premises a lodge facility providing shelter 33 and food service to the public, the operator of which shall also be the valid 34 owner or lessee of the grounds and facilities upon which the ski resort offers 35 downhill skiing services to the public. The fees for licenses granted to ski 36 resorts shall be the same as those prescribed for golf courses as set forth in 37 section 23-904, Idaho Code. Not more than one (1) licensed premises shall be 38 permitted on any golf course or any ski resort or within the area comprising 39 the same. 40 Nothing herein contained shall prohibit the issuance of a license to the 41 owner, operator or lessee of an actual, bona fide equestrian facility located 42 on not less than forty (40) contiguous acres, with permanently erected seating 43 of not less than six thousand (6,000) seats, no part of which equestrian 44 facility or the premises thereon is situate within the incorporated limits of 45 any city, and which facility shall have at least three (3) days per year of a 46 professionally sanctioned rodeo. Not more than one (1) licensed premises shall 47 be permitted at any equestrian facility or within an area comprising such a 48 facility. The license shall be solely for the equestrian facility and shall 49 not be transferred to any other location. The fees for licenses granted to 50 equestrian facilities shall be the same as those prescribed for golf courses 51 as set forth in section 23-904, Idaho Code. 52 Nothing herein contained shall prohibit the issuance of a license to the 53 owner, operator, or lessee of a restaurant operated on an airport owned or 54 operated by a county or municipal corporation or on an airport owned or oper- 55 ated jointly by a county and municipal corporation, and which said airport is 3 1 served by a trunk or local service air carrier holding a certificate of public 2 convenience and necessity issued by the Civil Aeronautics Board of the United 3 States of America. Not more than one (1) license shall be issued on any air- 4 port. 5 Nothing herein contained shall prohibit the issuance of one (1) club 6 license to a club as defined in section 23-902, Idaho Code. The holder of a 7 club license is authorized to sell and serve alcoholic beverages for consump- 8 tion only within the licensed establishment owned, leased or occupied by the 9 club, and only to bona fide members of the club, and to serve and to sell 10 alcoholic beverages for consumption to bona fide members' guests. A club 11 license issued pursuant to the provisions of this section is not transferable 12 and may not be sold. Any club license issued pursuant to the provisions of 13 this section will revert to the director when, in his judgment, the licensee 14 ceases to operate as a bona fide club as defined in section 23-902, Idaho 15 Code. No club may hold a liquor license and a club license simultaneously. A 16 club which on July 1, 1983, holds a liquor license, may continue to possess 17 that license. Any club which possesses a liquor license on January 1, 1983, or 18 thereafter, and then sells that liquor license, may not obtain a club license, 19 and the director shall not issue a club license to that club for a period of 20 five (5) years following such sale. The fee for any license issued to a quali- 21 fying club within an incorporated municipality shall be as prescribed in sub- 22 sections (a), (b) and (c) of section 23-904, Idaho Code. The fee for any 23 license issued to a qualifying club not situate within an incorporated munici- 24 pality shall be as specified for golf courses under section 23-904(f), Idaho 25 Code. The provisions of section 23-916, Idaho Code, regarding county and city 26 licenses, shall pertain to club licenses. The burden of producing sufficient 27 documentation of qualifications for club licensure shall be with the club 28 applicant. 29 Nothing in this chapter to the contrary shall prohibit the issuance of a 30 license to the owner, operator, or lessee of an actual, bona fide convention 31 center which is within the incorporated limits of a city having a population 32 of three thousand (3,000) or greater, and which city does not have located 33 therein a convention center with a valid convention center license to sell 34 liquor by the drink. For the purpose of this section, a convention center 35 means a facility having at least thirty-five thousand (35,000) square feet of 36 floor space or a facility having at least one hundred twenty (120) sleeping 37 rooms and an adjoining meeting room which will accommodate not less than three 38 hundred fifty (350) persons, whether or not such room may be partitioned into 39 smaller rooms, and provided that such meeting room shall contain at least 40 three thousand (3,000) square feet of floor space. Such license must be placed 41 in actual use in said convention center within one (1) year from the date of 42 its issuance. The fee for any license issued to a qualifying convention center 43 shall be as prescribed in subsection (c) of section 23-904, Idaho Code. No 44 license issued to a convention center hereunder shall be transferable to 45 another location or facility, nor shall the holder of a convention center 46 license be eligible for the issuance of a license in the same city pursuant to 47 any other provision of this chapter. For purposes of this section, the term 48 holder shall include an owner, operator or lessee and shall include a stock- 49 holder, director, or officer of a corporation, or a partner in a partnership, 50 which corporation or partnership has been issued a convention center license 51 pursuant to this chapter. Not more than one (1) licensed premises shall be 52 permitted on any convention center or within the area comprising the same, 53 including convention centers that also comprise golf courses or ski resorts as 54 herein defined. 55 Nothing in this chapter shall prohibit the issuance of a license to the 4 1 owner, operator or lessee of a food, beverage and/or lodging facility that has 2 been in continuous operation in the same location for at least seventy-five 3 (75) years, except for temporary closings for refurbishing or reconstruction, 4 or a food, beverage and lodging facility serving the public by reservation 5 only, having a minimum of five (5) rooms operating in a structure that has 6 been in existence for at least seventy-five (75) years and has been on the 7 historic register for a minimum of ten (10) years, is situated within five 8 hundred (500) yards of a natural lake containing a minimum of thirty-six thou- 9 sand (36,000) acre feet of water when full with a minimum of thirty-two (32) 10 miles of shoreline, and is located in a county with a minimum population of 11 sixty-five thousand (65,000). The provisions of section 23-910, Idaho Code, 12 shall apply to licenses issued to continuous operation facilities. The fees 13 shall be the same as those prescribed for golf courses as set forth in section 14 23-904, Idaho Code. Licenses issued to continuous operation facilities are not 15 transferable. 16 Nothing in this chapter shall prohibit the issuance of a license to the 17 owner, operator or lessee of the lodging, dining and entertainment facilities 18 owned by a gondola resort complex and operated in conjunction with the other 19 public services provided by a gondola resort complex located within the 20 ownership/leasehold boundaries of a gondola resort complex. 21 A gondola resort complex means an actual, bona fide gondola capable of 22 transporting people for recreational and/or entertainment purposes at least 23 three (3) miles in length with a vertical rise of three thousand (3,000) feet, 24 portions of which may be located within or over the limits of one (1) or more 25 cities. 26 Nothing in this chapter shall prohibit the issuance of a license to 27 the owner, operator or lessee of a food and beverage facility located in a 28 building which, not later than 1997, has been individually listed on the 29 national register of historic places and located in a national register ware- 30 house district in a city with a population of less than one hundred thousand 31 (100,000). The fees shall be the same as those prescribed for golf courses as 32 set forth in section 23-904, Idaho Code. Licenses issued to such facilities 33 are not transferable. 34 Nothing in this chapter shall prohibit the issuance of a license to the 35 owner, operator or lessee of a winery also operating a golf course on the 36 premises. 37 The provisions of section 23-910, Idaho Code, shall apply to licenses 38 issued under the provisions of this subsection. The fees shall be the same as 39 those prescribed for golf courses as set forth in section 23-904, Idaho Code. 40 Licenses issued under the provisions of this subsection are not transferable.
STATEMENT OF PURPOSE
RS 07854
The purpose of this legislation is to permit the owner,
operator, or lessee of the Old Mill Building, a former
warehouse building rehabilitated under the Federal 1986 Tax
Reform Act located in Twin Falls' Historic Warehouse
District, to apply for a license to sell liquor by the drink
at retail. This old area of Twin Falls contains many
warehouses and other buildings which are in need of
rehabilitation. In order to promote urban renewal in this
area and stimulate economic development, it would be very
beneficial if an establishment could offer a complete dining
experience which would include liquor by the drink. This Old
Mill Building is the only building in the state which is
listed on the National Register of Historic Places and is
located within a National Register Warehouse District. The
non-transferable license permitted under this legislation
could not be used at any other location.
FISCAL NOTE
A statutory fee is charged by the State for liquor
licenses. County and local fees are also charged.
CONTACT: David Kerrick
459-4574
Senator Robbi King
332-1342
STATEMENT OF PURPOSE/ FISCAL NOTE
S1445