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S1202......................................................by STATE AFFAIRS LIQUOR LICENSES - Amends existing law to provide for issuance of licenses to retail liquor to certain establishments in operation or existence for at least 50 years; and to provide for the issuance of licenses to retail liquor in qualified and certified rehabilitated historic buildings; and to provide definitions relating to historic buildings. 02/15 Senate intro - 1st rdg - to printing 02/16 Rpt prt - to St Aff
S1202|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1202 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO HISTORIC BUILDINGS; AMENDING SECTION 23-903, IDAHO CODE, TO PRO- 3 VIDE FOR ISSUANCE OF LICENSES TO RETAIL LIQUOR TO CERTAIN ESTABLISHMENTS 4 IN OPERATION OR EXISTENCE FOR AT LEAST FIFTY YEARS, TO PROVIDE FOR THE 5 ISSUANCE OF LICENSES TO RETAIL LIQUOR IN QUALIFIED AND CERTIFIED REHABILI- 6 TATED HISTORIC BUILDINGS AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING 7 SECTION 67-4602, IDAHO CODE, TO PROVIDE DEFINITIONS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 23-903, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 23-903. LICENSE TO RETAIL LIQUOR. The director of the department of law 12 enforcement is hereby empowered, authorized, and directed to issue licenses to 13 qualified applicants, as herein provided, whereby the licensee shall be autho- 14 rized and permitted to sell liquor by the drink at retail and, upon the issu- 15 ance of such license, the licensee therein named shall be authorized to sell 16 liquor at retail by the drink, but only in accordance with the rules promul- 17 gated by the director and the provisions of this chapter. No license shall be 18 issued for the sale of liquor on any premises outside the incorporated limits 19 of any city except as provided in this chapter and the number of licenses so 20 issued for any city shall not exceed one (1) license for each one thousand 21 five hundred (1,500) of population of said city or fraction thereof, as estab- 22 lished in the last preceding census, or any subsequent special census con- 23 ducted by the United States bureau of the census or by an estimate that is 24 statistically valid including adding the number of new residential utility 25 connections or including adding the population of areas annexed into the city 26 after the last census or special census was conducted, except that upon proper 27 application thereof not more than two (2) licenses may be issued for each 28 incorporated city with a population of one thousand five hundred (1,500) or 29 less, unless the retail licensing of liquor by the drink has been previously 30 disapproved under the provisions of sections 23-917, 23-918, 23-919, 23-920 31 and 23-921, Idaho Code; provided, however, that any license heretofore issued 32 may be renewed from year to year without regard to the population or status of 33 the city for which such license is issued. Any license issued and which has 34 remained in effect at its location for a consecutive period of ten (10) years 35 or more shall be deemed to have been validly issued and may be renewed from 36 year to year provided, however, that the applicant for the renewal of such 37 license is not otherwise disqualified for licensure pursuant to section 38 23-910, Idaho Code, and, if the premises required special characteristics for 39 original licensure, other than being either within or without the incorporated 40 limits of a city, that said premises continue to have such special character- 41 istics at the time of the application for renewal. 42 Nothing herein contained shall prohibit the issuance of a license to the 43 owner, operator, or lessee of an actual, bona fide golf course whether located 2 1 within or without the limits of any city, or located on premises also operated 2 as a winery, or ski resort, or to the lessee of any premises situate thereon, 3 no part of which ski resort or the premises thereon is situate within the 4 incorporated limits of any city. For the purpose of this section a golf course 5 shall comprise an actual, bona fide golf course, which is regularly used for 6 the playing of the game of golf, and having not less than nine (9) tees, 7 fairways and greens laid out and used in the usual and regular manner of a 8 golf course. Nine (9) hole courses must have a total yardage of at least one 9 thousand (1,000) yards, and eighteen (18) hole courses must have a total 10 yardage of at least two thousand (2,000) yards as measured by totaling the 11 tee-to-green distance of all holes. The course must be planted in grass except 12 that it may provide artificial tee mats. Where any such golf course is owned 13 or leased by an association of members and is used or enjoyed by such members, 14 or their guests, none of the disqualifications contained in section 23-910, 15 Idaho Code, shall apply to such association as a licensee where such disquali- 16 fications, or any of them, would apply only to a member of such association 17 where such member has no interest therein except as a member thereof. 18 Also for the purpose of this section a ski resort shall comprise real 19 property of not less than ten (10) acres in size, exclusive of the terrain 20 used for skiing and upon which the owner, operator, or lessee of the ski 21 resort has made available himself, or through others, including , 22 but not limited to , the owners of condominiums, permanent bona 23 fide overnight accommodations available to the general public for one hundred 24 (100) persons or more, and which real property is contiguous to or located 25 within the area in which skiing occurs, and which real property is regularly 26 operated as a ski resort in the winter time, and where the owner, operator, or 27 lessee of the ski resort is also the owner, operator, or lessee of the area 28 served by a bona fide chair ski lift facility or facilities. Alternatively, 29 for the purpose of this section a ski resort may also be defined as a downhill 30 ski area, open to the public, comprising real property of not less than two 31 hundred fifty (250) skiable acres, operating two (2) or more chair lifts with 32 a vertical lift of one thousand (1,000) feet or more, and capable of trans- 33 porting a minimum of one thousand eight hundred (1,800) skiers per hour. A ski 34 resort qualifying under this definition shall also have on the premises a 35 lodge facility providing shelter and food service to the public, the operator 36 of which shall also be the valid owner or lessee of the grounds and facilities 37 upon which the ski resort offers downhill skiing services to the public. The 38 fees for licenses granted to ski resorts shall be the same as those prescribed 39 for golf courses as set forth in section 23-904, Idaho Code. Not more than one 40 (1) licensed premises shall be permitted on any golf course or any ski resort 41 or within the area comprising the same. 42 Nothing herein contained shall prohibit the issuance of a license to the 43 owner, operator or lessee of an actual, bona fide equestrian facility located 44 on not less than forty (40) contiguous acres, with permanently erected seating 45 of not less than six thousand (6,000) seats, no part of which equestrian 46 facility or the premises thereon is situate within the incorporated limits of 47 any city, and which facility shall have at least three (3) days per year of a 48 professionally sanctioned rodeo. Not more than one (1) licensed premises shall 49 be permitted at any equestrian facility or within an area comprising such a 50 facility. The license shall be solely for the equestrian facility and shall 51 not be transferred to any other location. The fees for licenses granted to 52 equestrian facilities shall be the same as those prescribed for golf courses 53 as set forth in section 23-904, Idaho Code. 54 Nothing herein contained shall prohibit the issuance of a license to the 55 owner, operator, or lessee of a restaurant operated on an airport owned or 3 1 operated by a county or municipal corporation or on an airport owned or oper- 2 ated jointly by a county and municipal corporation, and which said airport is 3 served by a trunk or local service air carrier holding a certificate of public 4 convenience and necessity issued by the Civil Aeronautics Board of the United 5 States of America. Not more than one (1) license shall be issued on any air- 6 port. 7 Nothing herein contained shall prohibit the issuance of one (1) club 8 license to a club as defined in section 23-902, Idaho Code. The holder of a 9 club license is authorized to sell and serve alcoholic beverages for consump- 10 tion only within the licensed establishment owned, leased or occupied by the 11 club, and only to bona fide members of the club, and to serve and to sell 12 alcoholic beverages for consumption to bona fide members' guests. A club 13 license issued pursuant to the provisions of this section is not transferable 14 and may not be sold. Any club license issued pursuant to the provisions of 15 this section will revert to the director when, in his judgment, the licensee 16 ceases to operate as a bona fide club as defined in section 23-902, Idaho 17 Code. No club may hold a liquor license and a club license simultaneously. A 18 club which on July 1, 1983, holds a liquor license, may continue to possess 19 that license. Any club which possesses a liquor license on January 1, 1983, or 20 thereafter, and then sells that liquor license, may not obtain a club license, 21 and the director shall not issue a club license to that club for a period of 22 five (5) years following such sale. The fee for any license issued to a quali- 23 fying club within an incorporated municipality shall be as prescribed in sub- 24 sections (a), (b) and (c) of section 23-904, Idaho Code. The fee for any 25 license issued to a qualifying club not situate within an incorporated munici- 26 pality shall be as specified for golf courses under section 23-904(f), Idaho 27 Code. The provisions of section 23-916, Idaho Code, regarding county and city 28 licenses, shall pertain to club licenses. The burden of producing sufficient 29 documentation of qualifications for club licensure shall be with the club 30 applicant. 31 Nothing in this chapter to the contrary shall prohibit the issuance of a 32 license to the owner, operator, or lessee of an actual, bona fide convention 33 center which is within the incorporated limits of a city having a population 34 of three thousand (3,000) or greater, and which city does not have located 35 therein a convention center with a valid convention center license to sell 36 liquor by the drink. For the purpose of this section, a convention center 37 means a facility having at least thirty-five thousand (35,000) square feet of 38 floor space or a facility having at least one hundred twenty (120) sleeping 39 rooms and an adjoining meeting room which will accommodate not less than three 40 hundred fifty (350) persons, whether or not such room may be partitioned into 41 smaller rooms, and provided that such meeting room shall contain at least 42 three thousand (3,000) square feet of floor space. Such license must be placed 43 in actual use in said convention center within one (1) year from the date of 44 its issuance. The fee for any license issued to a qualifying convention center 45 shall be as prescribed in subsection (c) of section 23-904, Idaho Code. No 46 license issued to a convention center hereunder shall be transferable to 47 another location or facility, nor shall the holder of a convention center 48 license be eligible for the issuance of a license in the same city pursuant to 49 any other provision of this chapter. For purposes of this section, the term 50 " holder " shall include an owner, operator or lessee 51 and shall include a stockholder, director, or officer of a corporation, or a 52 partner in a partnership, which corporation or partnership has been issued a 53 convention center license pursuant to this chapter. Not more than one (1) 54 licensed premises shall be permitted on any convention center or within the 55 area comprising the same, including convention centers that also comprise golf 4 1 courses or ski resorts as herein defined. 2 Nothing in this chapter shall prohibit the issuance of a license to the 3 owner, operator or lessee of a food, beverage and/or lodging facility that has 4 been in continuous operation in the same location for at leastseventy-5fivefifty (75 0 ) years, except 6 for temporary closings for refurbishing or reconstruction, or a food, beverage 7 and lodging facility serving the public by reservation only, having a minimum 8 of five (5) rooms operating in a structure that has been in existence for at 9 leastseventy-fivefifty (75 0 10 ) years and has been on the historic register for a minimum of ten (10) 11 years, is situated within five hundred (500) yards of a natural lake contain- 12 ing a minimum of thirty-six thousand (36,000) acre feet of water when full 13 with a minimum of thirty-two (32) miles of shoreline, and is located in a 14 county with a minimum population of sixty-five thousand (65,000). The provi- 15 sions of section 23-910, Idaho Code, shall apply to licenses issued to contin- 16 uous operation facilities. The fees shall be the same as those prescribed for 17 golf courses as set forth in section 23-904, Idaho Code. Licenses issued to 18 continuous operation facilities are not transferable. 19 Nothing in this chapter shall prohibit the issuance of a license to the 20 owner, operator or lessee of the lodging, dining and entertainment facilities 21 owned by a gondola resort complex and operated in conjunction with the other 22 public services provided by a gondola resort complex located within the 23 ownership/leasehold boundaries of a gondola resort complex. 24 A gondola resort complex means an actual, bona fide gondola capable of 25 transporting people for recreational and/or entertainment purposes at least 26 three (3) miles in length with a vertical rise of three thousand (3,000) feet, 27 portions of which may be located within or over the limits of one (1) or more 28 cities. 29 Nothing in this chapter shall prohibit the issuance of a license to the 30 owner, operator or lessee of a winery also operating a golf course on the 31 premises. 32 The provisions of section 23-910, Idaho Code, shall apply to licenses 33 issued under the provisions of this subsection. The fees shall be the same as 34 those prescribed for golf courses as set forth in section 23-904, Idaho Code. 35 Licenses issued under the provisions of this subsection are not transferable. 36 Nothing in this chapter shall prohibit the issuance of a license to 37 the owner, operator or lessee of a food and beverage facility located in a 38 qualified rehabilitated historic building as defined in section 67-4602, Idaho 39 Code, and certified as such by the state historic preservation officer. The 40 fees shall be the same as those prescribed for golf courses as set forth in 41 section 23-904, Idaho Code. Licenses issued to historic buildings are not 42 transferable. 43 SECTION 2. That Section 67-4602, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 67-4602. DEFINITIONS. As used in this act: 46 (1) "Certified historic structure" means any building (and its 47 structural components) which is: 48 (a) Listed in the national register; or 49 (b) Located in a registered historic district and which has been certi- 50 fied by the secretary of the interior of the United States as being of 51 historic significance to the district. 52 (2) "Certified rehabilitation" means any rehabilitation of a certified 53 historic structure which the secretary of the interior of the United States 5 1 has certified as being consistent with the historic character of the property 2 or the district in which the property is located. 3b.(3) "Historic preservation"shall4mean s the research, protection, restoration and rehabili- 5 tation of buildings, structures, objects, districts, areas, and sites signifi- 6 cant in the history, architecture, archeology or culture of this state, its 7 communities or the nation. 8a.(4) "Historic property"shall9 mean s any building, structure, area or site that is significant 10 in the history, architecture, archeology or culture of this state, its commu- 11 nities or the nation. 12 (5) "National register" means the national register of historic 13 places. 14 (6) "Qualified rehabilitated historic building" means a certified his- 15 toric structure which has been renovated by a certified rehabilitation when 16 the building is also a qualified rehabilitated building within the meaning of 17 26 USC section 47(c). 18 (7) "Registered historic district" means: 19 (a) Any district listed on the national register; and 20 (b) Any district which is: 21 (i) Designated under a statute of the state of Idaho or an ordi- 22 nance of local government, if the statute is certified by the secre- 23 tary of the interior of the United States as containing criteria 24 which will substantially achieve the purpose of preserving and reha- 25 bilitating buildings of historic significance to the district; and 26 (ii) Certified by the secretary of the interior of the United States 27 as meeting substantially all of the requirements for the listing of 28 districts in the national register. 29 (8) "State historic preservation officer" means the person designated to 30 serve as the state historic preservation officer in the state of Idaho.
STATEMENT OF PURPOSE
RS 08939C1
The purpose of this legislation is to provide an incentive for
the preservation and rehabilitation of historic buildings and to
mitigate somewhat the monopolistio and anti-competitive
environment that has been created by existing state law with
respect to the licensing of liquor by the drink at retail. The
legislation would permit the owners of certain buildings to apply
for licences which could only be used at a qualifying building.
In order to qualify a building would have to be at least 5o years
old and either be: l) rehabilitated in accordance with very
strict historic preservation guidelines, or 2) a building used
continuously as a food, beverage and/or lodging facility for at
least 50 years.
Presently the law allows licenses in the latter case for
buildings where they have been thus used for at least 75 years.
The nontransferable license permitted under this legislation
could not be used at any other location. The incentive created by
passage would promote urban renewal and stimulate economic
development. It would allow small individual restaurants in
historic buildings to compete evenly with large heavily
capitalized chain restaurants by offering a complete dining
experience which would include liquor by the drink.
FISCAL NOTE
A statutory fee is charged by the State for liquor licenses.
County and local fees are also charged.
CONTACT: David E. Kerrick
459-4574
STATEMENT OF PURPOSE/FISCAL NOTE S1202