1999 Legislation
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SENATE BILL NO. 1202 – Liquor license, historic bldgs

SENATE BILL NO. 1202

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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

Bill Text


S1202


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN 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


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 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


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 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 least  seventy-
 5    five   fifty  ( 7 5 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    least    seventy-five     fifty  ( 7 5 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. 
 3          b.    (3)    "Historic  preservation"   shall
 4     mean 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.
 8         a.  (4)   "Historic property"    shall  
 9    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 / Fiscal Impact


                       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