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S1119......................................................by STATE AFFAIRS
ALCOHOL BEVERAGE CATERING - PERMITS - Amends existing law to authorize the
issuance of an alcohol beverage catering permit to alcohol, beer and wine
licensees to allow them to serve the beverage for which they are licensed
at catered events.
02/08 Senate intro - 1st rdg - to printing
02/09 Rpt prt - to St Aff
02/15 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 23-10-2
AYES--Andreason, Boatright, Branch, Bunderson, Cameron, Crow,
Danielson, Darrington, Deide, Dunklin, Ingram, Keough, King,
McLaughlin, Noh, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Wheeler, Whitworth
NAYS--Burtenshaw, Frasure, Geddes, Hawkins, Ipsen, Lee, Parry,
Richardson, Thorne, Twiggs
Absent and excused--Davis, Stennett
Floor Sponsor - Riggs
Title apvd - to House
02/23 House intro - 1st rdg - to St Aff
02/26 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 48-17-5
AYES -- Barraclough, Barrett, Bell, Bieter, Black, Boe, Campbell,
Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gould, Hansen(29), Henbest, Hornbeck, Jaquet, Judd,
Kempton, Kunz, Limbaugh, Linford, Mader, McKague, Meyer, Montgomery,
Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone, Trail,
Watson, Zimmermann
NAYS -- Alltus, Bruneel, Geddes, Hadley, Hammond, Hansen(23),
Kendell, Lake, Loertscher, Marley, Mortensen, Taylor, Tilman,
Tippets, Wheeler, Williams, Wood
Absent and excused -- Callister, Gagner, Jones, Kellogg, Mr Speaker
Floor Sponsor - Clark, Hornbeck
Title apvd - to Senate
03/04 To enrol
03/05 Rpt enrol - Pres signed
03/08 Sp signed
03/09 To Governor
03/15 Governor signed
Session Law Chapter 58
Effective: 07/01/99
S1119|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1119 BY STATE AFFAIRS COMMITTEE 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 ALCOHOL BEVERAGE 5 CATERING PERMIT TO ALCOHOL, BEER AND WINE LICENSEES TO SERVE THE BEVERAGE 6 FOR WHICH THEY ARE LICENSED AT CATERED EVENTS AND TO MAKE TECHNICAL COR- 7 RECTIONS; AMENDING SECTION 23-934B, IDAHO CODE, TO ELIMINATE THE DIRECTOR 8 OF THE DEPARTMENT OF LAW ENFORCEMENT FROM THE APPROVAL PROCESS IN ISSUANCE 9 OF LIQUOR CATERING PERMITS; AMENDING SECTION 23-934C, IDAHO CODE, TO APPLY 10 REGULATORY AND PENAL PROVISIONS TO ALCOHOL BEVERAGE CATERING PERMITTEES 11 AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 23-944, IDAHO CODE, 12 TO AUTHORIZE MINORS ON THE PREMISES OF AN EVENT WHERE BEVERAGES ARE SERVED 13 BY AN ALCOHOL BEVERAGE CATERING PERMITTEE AND TO MAKE TECHNICAL CORREC- 14 TIONS; AND AMENDING SECTION 23-1337, IDAHO CODE, TO AUTHORIZE A LICENSED 15 WINERY TO OBTAIN AN ALCOHOL BEVERAGE CATERING PERMIT. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Section 23-902, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 23-902. DEFINITIONS. The following words and phrases used in this chapter 20 shall be given the following interpretation;: 21a. "Director" means the director of the department of law enforce-22ment of the state of Idaho.23b. "State liquor store" means a liquor store or distributor established24under and pursuant to the laws of the state of Idaho for the package sale of25liquor at retail.26c. "License" means a license issued by the director to a qualified per-27son, under which it shall be lawful for the licensee to sell and dispense28liquor by the drink at retail, as provided by law.29d. "Municipal license" means a license issued by a municipality of the30state of Idaho under the provisions of law.31e. "Licensee" means the person to whom a license is issued under the pro-32visions of law.33f. "Person" means every individual, partnership, corporation, organiza-34tion, or association holding a retail liquor license, whether conducting the35business singularly or collectively.36g. "Liquor" means all kinds of liquor sold by and in a state liquor store37of the state of Idaho.38h. "Interdicted person" means a person to whom the sale of liquor is pro-39hibited under law.40i. "Rules and regulations" means rules and regulations promulgated by the41director in accordance with the provisions of law.42j. "Gaming" means any and all gambling or games of chance defined in43chapters 38 and 49, title 18, Idaho Code, or any section or sections thereof,2 1whether those games are licensed or unlicensed.2k. "Premises" means the building and contiguous property owned, or leased3or used under a government permit by a licensee as part of the business estab-4lishment in the business of sale of liquor by the drink at retail, which prop-5erty is improved to include decks, docks, boardwalks, lawns, gardens, golf6courses, ski resorts, courtyards, patios, poolside areas or similar improved7appurtenances in which the sale of liquor by the drink at retail is authorized8under the provisions of law.9l.(1) "Club" includes any of the following 10 organizations where the sale of spirituous liquor for consumption on the prem- 11 ises is made to members and to bona fide guests of members only;12: 13 (la ) A post, chapter, camp or other local unit 14 composed solely of veterans and their duly recognized auxiliary, and which 15 is a post, chapter, camp or other local unit composed solely of veterans 16 which has been chartered by theCc ongress of the 17 United States for patriotic, fraternal or benevolent purposes, and which 18 has, as the owner, lessee or occupant, operated an establishment for that 19 purpose in this state; or 20 (2b ) A chapter, aerie, parlor, lodge or other 21 local unit of an American national fraternal organization, which has as 22 the owner, lessee or occupant, operated an establishment for fraternal 23 purposes in this state and actively operates in not less than thirty-six 24 (36) states or has been in continuous existence for not less than twenty 25 (20) years; and which has not less than fifty (50) bona fide members in 26 each unit, and which owns, maintains or operates club quarters, and is 27 authorized and incorporated to operate as a nonprofit club under the laws 28 of this state, and which has recognized tax exempt status under section 29 501(c)(8) or 501(c)(10) of the Internal Revenue Code, and has been contin- 30 uously incorporated and operating for a period of not less than one (1) 31 year. The club shall have had during that period of one (1) year, a bona 32 fide membership with regular meetings conducted at least once each month, 33 and the membership shall be and shall have been actively engaged in carry- 34 ing out the objects of the club. The club membership shall consist of bona 35 fide dues paying members, recorded by the secretary of the club, paying at 36 least six dollars ($6.00) per year in dues, payable monthly, quarterly or 37 annually; and the members at the time of application for a club license 38 shall be in good standing, having paid dues for at least one (1) full 39 year. 40 (2) "Convention" means a formal meeting of members, representa- 41 tives, or delegates, as of a political party, fraternal society, profession or 42 industry. 43 (3) "Director" means the director of the department of law enforcement of 44 the state of Idaho. 45 (4) "Gaming" means any and all gambling or games of chance defined in 46 chapters 38 and 49, title 18, Idaho Code, or any section or sections thereof, 47 whether those games are licensed or unlicensed. 48 (5) "Interdicted person" means a person to whom the sale of liquor is 49 prohibited under law. 50 (6) "License" means a license issued by the director to a qualified per- 51 son, under which it shall be lawful for the licensee to sell and dispense 52 liquor by the drink at retail, as provided by law. 53 (7) "Licensee" means the person to whom a license is issued under the 54 provisions of law. 55 (8) "Liquor" means all kinds of liquor sold by and in a state liquor 3 1 store of the state of Idaho. 2 (9) "Municipal license" means a license issued by a municipality of the 3 state of Idaho under the provisions of law. 4 (10) "Party" means a social gathering especially for pleasure or amusement 5 and includes, but is not limited to, such social events as weddings, birth- 6 days, and special holiday celebrations to include, but not be limited to, New 7 Year's celebrations, Super Bowl Sunday, St. Patrick's Day, the Fourth of July 8 and Labor Day. 9 (11) "Person" means every individual, partnership, corporation, organiza- 10 tion, or association holding a retail liquor license, whether conducting the 11 business singularly or collectively. 12 (12) "Premises" means the building and contiguous property owned, or 13 leased or used under a government permit by a licensee as part of the business 14 establishment in the business of sale of liquor by the drink at retail, which 15 property is improved to include decks, docks, boardwalks, lawns, gardens, golf 16 courses, ski resorts, courtyards, patios, poolside areas or similar improved 17 appurtenances in which the sale of liquor by the drink at retail is authorized 18 under the provisions of law. 19 (13) "Rules" means rules promulgated by the director in accordance with 20 the provisions of law. 21 (14) "State liquor store" means a liquor store or distributor established 22 under and pursuant to the laws of the state of Idaho for the package sale of 23 liquor at retail. 24 SECTION 2. That Section 23-934A, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 23-934A.LIQUORALCOHOL BEVERAGE CATERING PER- 27 MIT -- APPLICATION.Any person holding an Idaho retail liquor license28may serve and sell liquor retail by the drink at a party or convention, and29not to exceed three (3) consecutive days, upon obtaining a liquor30 An alcohol beverage catering permit is a permit issued pursuant 31 to this section which authorizes the permittee to serve and sell liquor by the 32 drink, beer and wine, or beer, or wine, at a party or convention, and not to 33 exceed three (3) consecutive days. An alcohol beverage catering permit shall 34 be limited to authorization to sell liquor or beer or wine, or any combination 35 thereof, based upon the type of license which the applicant possesses . 36 Applications for such permit shall be made to the city within which the 37 liquor , beer or wine is to be served, or if not within a city 38 then to the county, on such form as prescribed by thedirector39 city or county which shall contain at a minimum, but not 40 limited to, the following information: 41 ( 1 ).The name and address of the 42 applicant and the number of his state liquor , beer or wine 43 license. 44 ( 2 ).The dates and hours during 45 which the permit is to be effective, not to exceed three (3) consecutive days. 46 ( 3 ).The names of the organiza- 47 tions, groups, or persons sponsoring the event. 48 ( 4 ).The address at which the 49 liquor , beer or wine is to be served, and if a public building, 50 the rooms in which the liquor , beer or wine is to be served. 51 The application shall be verified by the applicant and filed with the 52 appropriate governing body or its designee. A filing fee in the amount of 53 twenty dollars ($20.00) for each day the permit is to be effective shall be 4 1 paid to the treasury of the governing body which shall not be refunded in any 2 event. Any alcohol beverage catering permit shall be valid only 3 within the issuing jurisdiction. 4 SECTION 3. That Section 23-934B, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 23-934B. FILING OF APPLICATION -- APPROVAL-- DISAPPROVAL BY DIREC-7TOR. Upon the filing of an application fora liquor8 an alcohol beverage catering permit, the city council or its designee, 9 or county commissioners receiving the application shall upon the advice and 10 recommendation of the chief of police or sheriff, approve or disapprove the 11 application and indicate the determination on the face of the application by 12 indorsement signed by the clerk of the city or county. Copies of the applica- 13 tion with signed indorsements thereon shall be mailed or delivered immediately 14 to the chief of police or sheriff, the directorand the appli- 15 cant, and a signed copy retained by the clerk. An application approved in this 16 manner shall constitute a n alcohol beverage catering permit17, unless disapproved by the director by notice served upon the applicant for18the retail sale of liquor by the drink, beer and wine for the period autho-19rized by the permit. 20 SECTION 4. That Section 23-934C, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 23-934C. REGULATORY AND PENALTY PROVISIONS APPLICABLE. All of the regula- 23 tory and penal provisions ofchapter 9 oftitle 23, Idaho Code, 24 shall apply to the exercise ofliquoralcohol beverage 25 catering permits, including the penalties for violations thereof, 26 except such provisions declared to be inapplicable toliquor27 alcohol beverage catering permits byregulations28 rules prescribed by the director of law enforcement; provided, 29 however, the director shall have no power to declare inapplicable any of the 30 provisions of section 23-927, Idaho Code. 31 SECTION 5. That Section 23-944, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 23-944. EXCEPTIONS FROM RESTRICTION ON ENTERING OR REMAINING. It shall 34 not be unlawful for, nor shall section 23-943, Idaho Code, be construed to 35 restrict, any person under the age of twenty-one (21) years from entering or 36 being: 37 (a1 ) upon the premises of any restaurant, as 38 herein defined, or in any railroad observation or club car or any airplane of 39 a commercial airline, notwithstanding that such premises may also be licensed 40 for the sale of liquor by the drink or for the sale of beer for consumption on 41 the premises or that alcoholicbeverages, or beer, or both, are 42 prepared, mixed or dispensed and served and consumed therein. 43 (b2 ) in any building, a part or portions of 44 which is used as a place, as herein defined, provided such place is separated 45 or partitioned from the remainder of said building and access to such place 46 through a doorway or doorways or other means of ingress can be controlled to 47 prevent persons under the ages specified with respect thereto in section 48 23-943, Idaho Code, from entering therein. 49 (c3 ) in any baseball park, sports arena or 5 1 fairgrounds, notwithstanding that such premises or any portion thereof may be 2 licensed for the sale of beer for consumption on the premises or that beer is 3 dispensed and served and consumed therein. 4 (d4 ) upon the premises of any licensed winery 5 notwithstanding that such premise s or any portion thereof may 6 also be licensed for the sale of beer or wine for consumption on the 7 premise s or that wine is dispensed and served and consumed 8 therein. 9 (e5 ) upon the licensed premises of a wine 10 retailer, wholly owned and operated by a licensed winery which retails exclu- 11 sively the products of that winery. 12 (6) at a location, other than a liquor, beer, or wine licensed 13 premises, authorized to serve alcohol beverages under a valid alcohol beverage 14 catering permit. 15 SECTION 6. That Section 23-1337, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 23-1337.SPECIAL EVENT WINERYALCOHOL BEVERAGE 18 CATERING PERMIT-- FEE -- SUSPENSION OR DENIAL.(1)19Any person who is the holder of an Idaho winery license shall be eligi- 20 ble to obtaina special event wineryan alcohol beverage 21 catering permit. 22(2) A special event winery permit shall entitle the holder to sell23wines by the drink or by the bottle directly to the consumer at a designated24location other than the one set forth in the winery license for a period not25to exceed seven (7) consecutive days. The director shall prescribe the form of26the application for such permit, which application may require disclosure of27the name and location of the special event; the dates and hours during which28the permit is to be effective; and such other information as the director may29require. The director shall collect a fee of twenty dollars ($20.00) for the30special event permit.31(3) Should the director determine that the applicant or its agents or32representatives is violating, or has in the past violated, any law pertaining33to the dispensing or sale of wine relating to hours of sale or the dispensing34of wine to underaged persons, or has failed in the past to submit such infor-35mation as may have been requested by the director, any issued special event36permit may be summarily suspended by the director, prior to hearing, or may be37denied, pending a hearing.
STATEMENT OE PURPOSE
RS08316C1
THIS LEGISLATION IS A RESULT OF THE ALCOHOL LAWS INTERIM STUDY
COMMITTEE. Legislation was introduced in the 1998 session which
authorized a beer and wine catering permit for persons who hold
beer or wine licenses, but do not hold a liquor-by-the-drink
license. This concept was reintroduced to the interim committee and
seemed to meet the requirements of achieving consistency among
licensees. If a licensee holding one kind of liquor permit can be
authorized to provide catering services, it seemed consistent that
other licensees should also be authorized to cater the beverage for
which they are licensed.
FISCAL NOTE
NO FISCAL IMPACT TO THE GENERAL FUND.
CONTACT: SENATOR JACK RIGGS 332-1341
SENATOR HAL BUNDERSON
SENATOR BETSY DUNKLIN
STATEMENT OF PURPOSE/ FISCAL NOTE S1ll9