Print Friendly HOUSE BILL NO. 141 – Dessert wine, sale
HOUSE BILL NO. 141
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H0141......................................................by STATE AFFAIRS
DESSERT WINES - Amends and adds to existing law to provide a "dessert wine
endorsement" which allows the possessor to trade in dessert wine products
in the same manner as table wine products.
01/29 House intro - 1st rdg - to printing
02/01 Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 141
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO SALE AND DISTRIBUTION OF DESSERT WINE; AMENDING THE CHAPTER HEAD-
3 ING OF CHAPTER 13, TITLE 23, IDAHO CODE; AMENDING SECTION 23-1301, IDAHO
4 CODE, TO REVISE THE TITLE OF THE ACT; AMENDING SECTION 23-1302, IDAHO
5 CODE, TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 23-1303, IDAHO
6 CODE, TO DEFINE "DESSERT WINE" AND "DESSERT WINE ENDORSEMENT"; AMENDING
7 CHAPTER 13, TITLE 23, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
8 23-1304A, IDAHO CODE, TO PROVIDE IMPLEMENTATION OF THE DESSERT WINE
9 ENDORSEMENT AND AUTHORIZE COUNTY OPTION LIMITATIONS; AND AMENDING SECTION
10 23-1305, IDAHO CODE, TO GOVERN AUTHORITY TO PURCHASE FROM THE STATE LIQUOR
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That the Heading of Chapter 13, Title 23, Idaho Code, be, and
14 the same is hereby amended to read as follows:
15 COUNTY OPTION KITCHEN AND TABLE WINE ACT
16 SECTION 2. That Section 23-1301, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 23-1301. SHORT TITLE. This act shall be known and designated as the
19 "County Option Kitchen and Table Wine Act."
20 SECTION 3. That Section 23-1302, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 23-1302. PURPOSE AND CONSTRUCTION OF ACT. The purpose of this act is to
23 regulate the importation, distribution, and sale, both at wholesale and
24 retail, of wines customarily used in home and family dining and cooking while
25 reserving to each county of this state the right to prohibit the distribution
26 or sale of wine within their borders. This act shall not be construed to
27 affect laws regulating the retail sale of alcohol ic beverages,
28 nor shall it be construed to in any way enlarge the class of persons who may
29 lawfully buy, possess, or consume any variety of wine whatever its alcoholic
31 SECTION 4. That Section 23-1303, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 23-1303. DEFINITIONS. The following terms as used in this chapter are
34 hereby defined as follows:
35 (a) "Wine" shall mean s (1) any alcoholic bever-
36 age containing not more than sixteen percent (16%) alcohol by volume obtained
37 by the fermentation of the natural sugar content of fruits or other
1 agricultural products containing sugar whether or not other ingredients
2 are added . defined as "table wine"; and (2) includes wine
3 containing not more than twenty-four percent (24%) alcohol by volume defined
4 as "dessert wine."
5 (b) "Director" means the director of the department of law enforcement of
6 the state of Idaho.
7 (c) "Retail wine license" means a license issued by the director, autho-
8 rizing a person to sell wine at retail for consumption off the licensed prem-
10 (d) "Wine distributor's license" means a license issued by the director
11 to a person authorizing such person to distribute wine to retailers within the
12 state of Idaho.
13 (e) "Wine importer's license" means a license issued by the director to a
14 person authorizing such person to import wine into the state of Idaho and to
15 sell and distribute wine to a distributor.
16 (f) "Retailer" means a person to whom a retail wine license has been
18 (g) "Distributor" means a person to whom a wine distributor's license has
19 been issued.
20 (h) "Importer" means a person to whom a wine importer's license has been
22 (i) "Winery" means a place, premise or establishment within the state of
23 Idaho for the manufacture or bottling of wine for sale.
24 (j) "Winery license" means a license issued by the director authorizing a
25 person to maintain a winery.
26 (k) "Vintner" means a person who manufactures, bottles, or sells wine to
27 importers for resale within this state other than a licensed "winery" as
28 herein defined.
29 (l) "Person" includes an individual, firm, copartnership, association,
30 corporation, or any group or combination acting as a unit, and includes the
31 plural as well as the singular unless the intent to give a more limited mean-
32 ing is disclosed by the context in which it is used.
33 (m) "Wine by the drink license" means a license to sell wine by the indi-
34 vidual glass or opened bottle at retail, for consumption on the premises only.
35 (n) "Domestic produced product" means wine at least seventy-five percent
36 (75%) of which by volume is derived from fruit or agricultural products grown
37 in Idaho.
38 (o) "Low proof spirit beverages" means any alcoholic beverage ,
39 other than wine, containing not more than fourteen percent (14%)
40 alcohol by volume obtained by distillation distilled spirits
41 mixed with drinkable water, fruit juices and/or other ingredients in
42 solution. These products shall be considered and taxed as wine. Spirit based
43 beverages exceeding fourteen percent (14%) alcohol by volume shall be consid-
44 ered as liquor and sold only through the state liquor dispensary system.
45 (p) "Dessert wine" means a wine, including a sweet wine fortified
46 with wine spirits, such as port, sherry, Madeira and angelica, not exceeding
47 twenty-four percent (24%) alcohol by volume and not less than sixteen percent
48 (16%) of alcohol by volume. However, dessert wine shall not include muscatel.
49 (q) "Dessert wine endorsement" means an endorsement on an existing table
50 wine license authorized by this chapter to, in addition, extend the license to
51 apply to dessert wines. The director is authorized to provide necessary forms
52 for the endorsement.
53 (r) All other words and phrases used in this chapter, the defini-
54 tion of which is not herein given, shall be given their ordinary and commonly
55 understood and accepted meaning.
1 SECTION 5. That Chapter 13, Title 23, Idaho Code, be, and the same is
2 hereby amended by the addition thereto of a NEW SECTION , to be
3 known and designated as Section 23-1304A, Idaho Code, and to read as follows:
4 23-1304A. COUNTY OPTION. In any county which has, on the effective date
5 of this act, approved the retail sale of table wine as provided in section
6 23-1304, Idaho Code, the provisions authorizing an endorsement for the sale of
7 dessert wine shall be in effect in a manner consistent with the table wine act
8 provisions. However, a board of county commissioners may, prior to the effec-
9 tive date of this act, or at any time thereafter, take action to prohibit the
10 implementation of dessert wine sales at retail by endorsement by: (1) adopting
11 a resolution declaring such provisions inoperative in that county; (2) order-
12 ing that an election be called to submit to the electors of the county the
13 question whether the provisions shall be inoperative in that county; or (3)
14 the registered electors of a county may by petition call for such an election
15 to declare the provisions of the dessert wine sales at retail by endorsement
16 inoperative in that county.
17 SECTION 6. That Section 23-1305, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 23-1305. RESTRICTIONS -- AUTHORITY OF STATE LIQUOR DISPENSARY PRESERVED.
20 (a) Wine, as defined in this act, may be manufactured, imported into this
21 state, possessed, distributed and sold in this state in the manner and under
22 the conditions prescribed in this act and not otherwise.
23 (b) Nothing contained in this act shall prohibit the state liquor dispen-
24 sary from selling wine pursuant to the Idaho liquor act in any outlet of the
25 state liquor dispensary.
26 (c) The possession of a retail wine license, with or without
27 endorsement for the sale of dessert wine at retail, shall authorize the pos-
28 sessor to obtain the respective products for which he is licensed from any
29 authorized distributor, including the state liquor dispensary, and to sell the
30 same at a price determined by the retailer.
STATEMENT OF PURPOSE
This legislation is a result of The Alcohol Laws Interim Study
Committee. The Committee heard public input that addressed the
availability of fortified or dessert wine in Idaho. This legislation
will authorize the sale of dessert wine up to 24% alcohol content in
the same manner as wine is currently sold.
No fiscal impact to the General Fund.
CONTACT: Rep. Clark,
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 141