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S1123......................................................by STATE AFFAIRS
ALCOHOL BEVERAGE LAWS - Amends and adds to existing law to centralize penal
provisions for violations of alcohol laws in Chapter 6, Title 23, Idaho
Code; to provide that similar penalties would apply to all violations by
all licensees regardless of the variety of alcohol beverage involved
(distilled spirits, beer or wine); and to authorize the possession of beer
or wine by a minor under specified conditions.
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
02/18 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Branch
Floor Sponsor - Riggs
Title apvd - to House
02/19 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 - 49-17-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Campbell,
Chase, Clark, Crow, Cuddy, Deal, Field(13), Field(20), Gould,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kempton, Lake, Limbaugh, Linford, Mader, McKague, Meyer,
Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stoicheff, Stone,
Tilman, Trail, Watson, Zimmermann
NAYS -- Boe, Bruneel, Denney, Ellsworth, Geddes, Hadley, Kendell,
Kunz, Loertscher, Marley, Montgomery, Stevenson, Taylor, Tippets,
Wheeler, Williams, Wood
Absent and excused -- Callister, Gagner, Kellogg, Mr Speaker
Floor Sponsor - Clark
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 59
Effective: 07/01/99
S1123|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1123 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO VIOLATIONS OF LAWS GOVERNING ALCOHOL BEVERAGES; AMENDING THE CHAP- 3 TER HEADING OF CHAPTER 6, TITLE 23, IDAHO CODE; AMENDING SECTION 23-602, 4 IDAHO CODE, TO PROVIDE APPLICATION OF THE SECTION TO ALL ALCOHOL BEVERAGES 5 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 23-603, IDAHO CODE, TO 6 PROVIDE APPLICATION OF THE SECTION TO ALL ALCOHOL BEVERAGES AND ANY LICEN- 7 SEE PURSUANT TO TITLE 23, IDAHO CODE; AMENDING SECTION 23-605, IDAHO CODE, 8 TO PROVIDE APPLICATION TO ALL ALCOHOL BEVERAGES AND ANY LICENSEE PURSUANT 9 TO TITLE 23, IDAHO CODE; AMENDING SECTION 23-606, IDAHO CODE, TO PROVIDE 10 APPLICATION TO ANY LICENSEE PURSUANT TO TITLE 23, IDAHO CODE; AMENDING 11 SECTION 23-608, IDAHO CODE, TO PROVIDE APPLICATION TO ANY LICENSEE PURSU- 12 ANT TO TITLE 23, IDAHO CODE; AMENDING CHAPTER 6, TITLE 23, IDAHO CODE, BY 13 THE ADDITION OF A NEW SECTION 23-614, IDAHO CODE, TO AUTHORIZE ADMINISTRA- 14 TIVE ACTION AGAINST ANY LICENSEE FOR CONVICTION OF CERTAIN PROHIBITED ACTS 15 RELATING TO SEXUAL DISPLAY IN LICENSED PREMISES; AMENDING CHAPTER 6, TITLE 16 23, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 23-615, IDAHO CODE, TO 17 PROVIDE RESTRICTIONS ON SALE BY ANY LICENSEE PURSUANT TO TITLE 23, IDAHO 18 CODE; REPEALING SECTIONS 23-613, 23-929 AND 23-1010A, IDAHO CODE; AMENDING 19 SECTION 23-1023, IDAHO CODE, TO REMOVE PENALTY PROVISIONS AND TO AUTHORIZE 20 POSSESSION OF BEER BY A MINOR UNDER SPECIFIED CIRCUMSTANCES; AMENDING SEC- 21 TION 23-1334, IDAHO CODE TO REMOVE PENALTY PROVISIONS AND TO AUTHORIZE 22 POSSESSION OF WINE BY A MINOR UNDER SPECIFIED CIRCUMSTANCES; AND AMENDING 23 SECTION 23-1401, IDAHO CODE, TO PROVIDE A CORRECT CITATION AND TO MAKE A 24 TECHNICAL CORRECTION. 25 Be It Enacted by the Legislature of the State of Idaho: 26 SECTION 1. That the Heading of Chapter 6, Title 23, Idaho Code, be, and 27 the same is hereby amended to read as follows: 28 PENAL PROVISIONSOF IDAHO LIQUOR ACT29 SECTION 2. That Section 23-602, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 23-602. UNLAWFUL MANUFACTURE, TRAFFIC IN, TRANSPORTATION, AND POSSESSION 32 OFLIQUORALCOHOL BEVERAGE . Except as authorized by 33this acttitle 23, Idaho Code , any person who shall 34 have in possession, manufacture, transport, purchase, sell, or dispose of any 35 alcoholic liquorbeverage, including any distilled spirits, 36 beer or wine, shall be guilty of a misdemeanor, and upon conviction 37 shall be punished as otherwise provided by law. Upon conviction of a second or 38 subsequent violation of this section, the defendant shall be punished by a 39 fine of not less than three hundred dollars ( $300 ) , 40 nor more than one thousand dollars ( $1 , 000 ) 41 , or by imprisonment in the county jail for not less than three (3) 2 1 months, nor more than one (1) year, or by both such fine and imprisonment. 2 SECTION 3. That Section 23-603, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 23-603.DISPOSALDISPENSING TO MINOR. Any per- 5 son who shall sell, give, or furnish, or cause to be sold, given, or fur- 6 nished, alcoholic or intoxicating liquorbeverage, includ- 7 ing any distilled spirits, beer or wine, to a person under the age of 8 twenty-one (21) years, except for medicinal purposes,shall be 9 guilty of a misdemeanor.A second or subsequent violation of this sec-10tion by the same defendant shall constitute a felony.Upon con- 11 viction of any person for a violation of the provisions of this section, the 12 court shall notify the director of the department of law enforcement. The 13 director shall review the circumstances of the conviction, and if the dispens- 14 ing took place at a licensed establishment or other retailer or distributor, 15 the director may take administrative action he considers appropriate against 16 the licensee or business including suspension of the license for not to exceed 17 six (6) months, a fine, or both such suspension and fine. 18 SECTION 4. That Section 23-605, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 23-605. DISPENSING TO DRUNK. Any person who sells, gives, or dispenses 21 any alcoholic or intoxicating liquorbeverage, including 22 any distilled spirits, beer or wine, to another person who is intoxi- 23 cated or apparently intoxicated shall be guilty of a misdemeanor. 24 SECTION 5. That Section 23-606, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 23-606. FALSE PROCUREMENT OF PERMIT OR LICENSE. Any person who procures, 27 or attempts to procure, a permit or license under the provisions ofthis28acttitle 23, Idaho Code, by false or fraudulent represen- 29 tations, or under a false or fictitious name, shall be guilty of a misde- 30 meanor. 31 SECTION 6. That Section 23-608, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 23-608. ADDED PENALTY -- FORFEITURE OF LICENSE OR PERMIT -- TRANSMISSION 34 OF RECORD .TO DISPENSARY.Whenever, in any court in 35 this state, a defendant is convicted of a violation ofthis act36 title 23, Idaho Code , or of any law of this state relating to 37 alcoholic or intoxicating liquorbeverages including dis- 38 tilled spirits, beer or wine , or in any case in which it appears that 39 the crime was committed while the defendant was under the influence of 40 alcoholic or intoxicating liquorbeverages , it shall 41 be the duty of the court to include in its judgment the forfeiture of any 42 license or permit issued to the defendant by the state liquor 43 dispensary or the department of law enforcement pursuant to title 23, 44 Idaho Code, and the court shall forthwith transmit to thedispen-45saryissuing authority a certified copy of its judgment. 46 SECTION 7. That Chapter 6, Title 23, Idaho Code, be, and the same is 3 1 hereby amended by the addition thereto of a NEW SECTION , to be 2 known and designated as Section 23-614, Idaho Code, and to read as follows: 3 23-614. PROHIBITED ACTS -- MISDEMEANORS -- PENALTIES. (1) No person, 4 partnership, association or corporation shall conduct, permit, or encourage 5 any of the following acts or activities in or upon premises licensed pursuant 6 to title 23, Idaho Code: 7 (a) Employment or use of any person while such person is unclothed or in 8 such attire, costume or clothing as to expose to view any portion of the 9 female breast below the top of the areola or of any portion of the pubic 10 hair, anus, cleft of the buttocks, vulva or genitals. 11 (b) Employment or use of any person who touches, caresses or fondles the 12 breast, buttocks, anus or genitals of any other person, or who is so 13 touched, caressed or fondled by another person. 14 (c) Employment or use of any person to wear or use any device or cover- 15 ing, exposed to view, which simulates the breast, genitals, anus, pubic 16 hair or any portion thereof. 17 (d) Employment or use of any person to perform acts of or acts which sim- 18 ulate sexual intercourse, masturbation, sodomy, bestiality, oral 19 copulation, flagellation or any sexual acts which are prohibited by law. 20 (e) The showing of films, still pictures, electronic reproductions, or 21 other visual reproductions depicting: 22 (i) Acts or simulated acts of sexual intercourse, masturbation, 23 sodomy, bestiality, oral copulation, flagellation or any sexual acts 24 which are prohibited by law. 25 (ii) Any person being touched, caressed or fondled on the breast, 26 buttocks, anus or genitals. 27 (iii) Scenes wherein a person displays the vulva or the anus or the 28 genitals. 29 (iv) Scenes wherein artificial devices or inanimate objects are 30 employed to portray any of the prohibited activities described in 31 this section. 32 (2) A violation of any of the provisions of this section by any agent, 33 employee, or other person in any way acting on behalf of a licensee shall con- 34 stitute a misdemeanor, and upon conviction such person shall be fined not less 35 than the sum of one hundred dollars ($100) nor more than the sum of three hun- 36 dred dollars ($300), or be imprisoned in the county jail for not less than 37 thirty (30) days nor more than six (6) months, or both such fine and imprison- 38 ment. Any court in which a judgment of conviction is entered shall certify a 39 copy thereof to the director, and the director shall thereupon commence admin- 40 istrative proceedings. The director shall review the circumstances and may 41 take action he considers appropriate against the licensee including suspension 42 of the license for not to exceed six (6) months, a fine, or both such suspen- 43 sion and fine or may revoke the license. 44 (3) In addition to misdemeanor violations or other criminal proceedings 45 instituted under this section, upon sufficient proof to the director, the 46 director shall take administrative action as provided in subsection (2) of 47 this section against any licensee in the event any person is found to have 48 committed any of the above proscribed acts. The proceedings shall be in accor- 49 dance with provisions of the administrative procedure act. 50 SECTION 8. That Chapter 6, Title 23, Idaho Code, be, and the same is 51 hereby amended by the addition thereto of a NEW SECTION , to be 52 known and designated as Section 23-615, Idaho Code, and to read as follows: 4 1 23-615. RESTRICTIONS ON SALE. No person licensed pursuant to title 23, 2 Idaho Code, or his or its employed agents, servants or bartenders shall sell, 3 deliver or give away, or cause or permit to be sold, delivered, or given away, 4 or allowed to be consumed, any alcohol beverage, including any distilled 5 spirits, beer or wine, to: 6 (1) Any person under the age of twenty-one (21) years, proof of which 7 shall be a validly issued state, district, territorial, possession, 8 provincial, national or other equivalent government driver's license, identi- 9 fication card or military identification card bearing a photograph and date of 10 birth, or a valid passport. 11 (2) Any person actually, apparently or obviously intoxicated. 12 (3) An habitual drunkard. 13 (4) An interdicted person. 14 Any person under the age of twenty-one (21) years, or other person, who 15 knowingly misrepresents his or her qualifications for the purpose of entering 16 licensed premises or for obtaining alcohol beverages from such licensee shall 17 be equally guilty with such licensee and shall, upon conviction thereof, be 18 guilty of a misdemeanor. 19 SECTION 9. That Sections 23-613, 23-929 and 23-1010A, Idaho Code, be, and 20 the same are hereby repealed. 21 SECTION 10. That Section 23-1023, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 23-1023. BEER --PROCURING FOR OR SELLING TO PERSON UNDER TWENTY-24ONE YEARS OF AGE A MISDEMEANORAUTHORIZATION TO DELIVER . 25Any person who shall procure beer for any person under twenty-one (21)26years of age or any person under twenty-one (21) years of age who shall pur-27chase, attempt to purchase or otherwise consume or possess beer, shall be28guilty of a misdemeanor. Any person who shall procure beer for any person29under twenty-one (21) years of age shall be punished according to the provi-30sions of section 18-113, Idaho Code. Any person under twenty-one (21) years of31age who shall purchase, attempt to purchase, or otherwise consume or possess32beer shall be punished according to the schedule set out in section 18-1502,33Idaho Code. This sectionThe prohibition upon possession of beer 34 by any person under twenty-one (21) years of age does not apply to pos- 35 session by a person under the age of twenty-one (21) years making a delivery 36 of beer in pursuance of the order of his parent or in pursuance of his employ- 37 ment, or when such person under the age of twenty-one (21) years is in a pri- 38 vate residence accompanied by his parent or guardian and with such parent's or 39 guardian's consent. 40 SECTION 11. That Section 23-1334, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 23-1334. MINORS --PURCHASE, CONSUMPTION, POSSESSION, SALE OR SER-43VICE BY PROHIBITED -- SALE, GIFT, OR DELIVERY TO PROHIBITED -- MISREPRESENTA-44TION OF AGE PROHIBITED -- PENALTYAUTHORIZATION TO DELIVER 45 . (a)No person under the age of twenty-one (21) years may sell,46serve, dispense, purchase, consume or possess wine provided that any person47who is nineteen (19) years of age or older may sell, serve, possess or dis-48pense wine in the course of his employment. The provisions of this section49The prohibitions on possession of wine by any person under the 50 age of twenty-one (21) years do not apply to possession by a person 5 1 under the age of twenty-one (21) years making a delivery in pursuance of the 2 order of his parent or in pursuance of his employment, or when such person 3 under the age of twenty-one (21) years is in a private residence accompanied 4 by his parent or guardian and with such parent's or guardian's consent. 5 (b)No person shall give, sell, or deliver wine to any person under6the age of twenty-one (21) years.78(c) Any person under the age of twenty-one (21) years who shall by9any means represent to any retailer or distributor or to any agent or employee10of such retailer or distributor that he or she is twenty-one (21) years or11more of age for the purpose of entering licensed premises or inducing such12retailer or distributor, or his agent or employee, to sell, serve or dispense13wine to such person shall be guilty of a misdemeanor.14(d)Any person who shall, by any means, represent to any 15 retailer or distributor or the agent or employee of such retailer or distribu- 16 tor, that any other person is twenty-one (21) years or more of age, when in 17 fact such other person is under the age of twenty-one (21) years, for the pur- 18 pose of entering licensed premises or inducing such retailer or distributor, 19 or the agent or employee of such retailer or distributor, to sell, serve, or 20 dispense wine to such other person shall be guilty of a misdemeanor. 21 SECTION 12. That Section 23-1401, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 23-1401. DEFINITIONS. As used in this chapter: 24 (1) "Alcoholic beverages" mean s such beverages as defined in 25 section 23-105, Idaho Code, as alcoholic liquor, including alcohol, spirits, 26 wine or any combination thereof, and beverages defined in section 23-1001, 27 Idaho Code, as beer. 28 (2) "Legal drinking age" means the age when a person is legally allowed 29 to purchase or consume any alcoholic beverage, as provided in section3023-92923-615 , Idaho Code. 31 (3) "Hospitality cabinet" means a closed container, either refrigerated 32 in whole or in part or nonrefrigerated, where access to the interior portion 33 containing alcoholic beverages are contained is restricted by means of a lock- 34 ing device which requires the use of a key, magnetic card, or similar device. 35 (4) "Qualified facility" means a hotel, inn or motel which is licensed to 36 sell alcoholic beverages for on-premises consumption and which contains guest 37 room accommodations. It shall also include condominiums owned or managed by an 38 otherwise qualified facility. 39 (5) "Qualified registered guest" means each person of legal drinking age 40 who signs the guest register of a qualified facility or takes some other 41 equivalent action for the purpose of registering as a guest of such qualified 42 facility.
STATEMENT OF PURPOSE
RS08470C1
THTS LEGISLATION IS A RESULT OF THE ALCOHOL LAWS INTERIM STUDY
COMMITTEE. The problems of inconsistencies among provisions
governing various beverages is nowhere more apparent than in
the penal provisions particularly concerning illegal sales and
penalties. The provisions governing sales to minors and
persons who appear to be intoxicated are repeated in chapters
governing each of the beverages, distilled spirits, beer and
wine. The officials of liquor law enforcement suggested that
they are sometimes faced with imposition of penalties in case
of one violation which seem inconsistent with the penalties
for similar violations in other beverages. In addition, the
penalty of a fine against the licensee may be ineffective but
the department is not able to take more effective action. This
draft gives the agency authority to suspend licenses, issue
fines, or both depending upon the circumstances of the
violation.
FISCAL NOTE
NO FISCAL IMPACT TO THE GENERAL FUND.
CONTACT: SENATOR JACK RIGGS 322-1341
SENATOR HAL BUNDERSON
SENATOR BETSY DUNKLIN
STATEMENT OF PURPOSE/ FISCAL NOTE S1123