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S1222......................................................by STATE AFFAIRS LIQUOR DISPENSARY SUPERINTENDENT - Amends existing law to require confirmation of the Superintendent of the State Liquor Dispensary by the Senate; to subject employees of the dispensary to limitations on political activity which apply to other state employees; and to authorize the superintendent to specify hours and days of operation within certain limitations. 02/15 Senate intro - 1st rdg - to printing 02/16 Rpt prt - to St Aff
S1222|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1222 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE STATE LIQUOR DISPENSARY; AMENDING SECTION 23-201, IDAHO CODE, 3 TO PROVIDE THAT APPOINTMENT OF THE SUPERINTENDENT OF THE STATE LIQUOR DIS- 4 PENSARY IS SUBJECT TO CONFIRMATION BY THE SENATE; AMENDING SECTION 23-213, 5 IDAHO CODE, TO PROVIDE LIMITATIONS ON PERSONNEL OF THE DISPENSARY ENGAGING 6 IN POLITICS; AMENDING SECTION 23-307, IDAHO CODE, TO PROVIDE AN EXCEPTION 7 TO DAYS WHEN SALES OF LIQUOR ARE PROHIBITED, TO STRIKE THE PROHIBITION ON 8 SALES ON ELECTION DAYS AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING 9 SECTION 23-927, IDAHO CODE, TO STRIKE THE PROHIBITION ON SALES OF LIQUOR 10 BY THE DRINK ON ELECTION DAYS AND TO MAKE TECHNICAL CORRECTIONS. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 23-201, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 23-201. SUPERINTENDENT -- APPOINTMENT AND TERM. There shall be a state 15 liquor dispensary (in this act referred to as the "dispensary"), in the office 16 of the governor. The dispensary shall be a division of the office of the gov- 17 ernor for the purposes of chapter 24, title 67, Idaho Code, and the adminis- 18 trator of the division shall be known as the superintendent of the state 19 liquor dispensary. The dispensary shall be conducted by the superintendent of 20 the state liquor dispensary. The superintendent shall be appointed by the 21 governor , subject to confirmation by the senate, for a term of 22 three (3) years, but may be removed by the governor at will. 23 SECTION 2. That Section 23-213, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 23-213. LIMITATIONS ON PERSONNELNOT TO ENGAGE26 ENGAGING IN POLITICS.NoEach officer 27orand employee of the dispensary shall, while hold- 28 ing such office or position,serve on or be a member of any committee of29any political party, nor shall he, directly or indirectly, use his influence30to induce any other officer or employee to adopt his partisan political views,31nor shall he actively engage in or contribute to partisan primary or election32campaignsbe subject to the provisions of section 67-5311, Idaho 33 Code, providing for certain limitations of political activity . 34 SECTION 3. That Section 23-307, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 23-307. DAYS WHEN SALES ARE PROHIBITED -- EXCEPTIONS . It 37 shall be unlawful to transact the sale or delivery of any alcoholic liquor in, 38 on, or from the premises of any state liquor store or distribution 39 station;: 2 1 (a1 ) After the closing hours as established by 2 the dispensary. 3 (b2 ) On any Thanksgiving, Christmas or Memorial 4 Day. 5 (c3 ) On any Sunday. 6 (d4 )On any national or state election7day.8(e) On any municipal election day held in the municipality in which9a store or distributing station may be situated during the time the polls are10open.11(f)During such other periods or days as may be designated 12 by the dispensary. 13 However, in any county which has, by ordinance, allowed sales of 14 liquor by the drink on a Sunday, Memorial Day or Thanksgiving, the dispensary 15 may provide that any state liquor store shall remain open or distribution sta- 16 tion may remain open. 17 SECTION 4. That Section 23-927, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 23-927. HOURS OF SALE OF LIQUOR. (1) No liquor shall be sold, offered for 20 sale, or given away upon any licensed premises, and all liquor not in sealed 21 bottles must be locked in a separate room or cabinet during the following 22 hours: 23 ( a.) Sunday, Memorial Day, Thanks- 24 giving and Christmas from 1 o'clock A.M., to 10 o'clock A.M. the following 25 day; provided however, that on any Sunday not otherwise being a prescribed 26 holiday, it shall be lawful for a licensee having banquet area or meeting 27 room facilities, separate and apart from the usual dispensing area (bar 28 room) and separate and apart from a normal public dining room unless such 29 dining room is closed to the public, to therein dispense liquor between 30 the hours of 2 o'clock P.M. and 11 o'clock P.M. to bona fide participants 31 of banquets, receptions or conventions for consumption only within the 32 confines of such banquet area or meeting room facility. 33 ( b.) On any other day between 1 34 o'clock A.M. and 10 o'clock A.M. 35 ( c.)On any day of a general36or primary election until after the time when the polls are closed. There37is no prohibition against the sale of liquor by the drink during city38elections unless the city has enacted an ordinance prohibiting such sales.3940d.When any city or county has any ordinance further limit- 41 ing the hours of sale of liquor,by the drink, then such 42 hours shall be fixed by such ordinance. 43 (2) A county may, however, by ordinance, allow the sale of liquor by the 44 drink on a Sunday, Memorial Day and Thanksgiving, and may also extend until 2 45 o'clock A.M. the hours of the sale of liquor by the drink. 46 (3) Any patron present on the licensed premises after the sale of liquor 47 has stopped as provided in subsection s (1) andsubsection48(2)aboveof this section shall have a rea- 49 sonable time, not to exceed thirty (30) minutes, to consume any beverages 50 already served. 51 (4) Any person who consumes or intentionally permits the consumption of 52 any alcoholic beverage upon licensed premises after the time provided for in 53 subsection (3) of this section shall be guilty of a misdemeanor. 3 1 (5) It shall be the duty of every person who is employed at or upon a 2 licensed premises or who owns or manages a licensed premises and is present 3 upon the licensed premises during the hours and at the time set forth in 4 subsection s (1) andsubsection(2) of this section 5 to lock up and keep locked up in a locked room or locked cabinet all unsealed 6 containers of liquor during the hours and at the times set forth in 7 subsection s (1) andsubsection(2) of this section, 8 and any such person who fails to perform the duty provided herein shall be 9 guilty of a misdemeanor.
STATEMENT OF PURPOSE
RS08500
THIS LEGISLATION IS A RESULT OF THE ALCOHOL LAWS INTERIM STUDY
COMMITTEE. Several concepts were introduced to the interim
committee by the superintendent of the state liquor dispensary.
1. The superintendent of the state liquor dispensary is
responsible for a substantial work force and state assets. He is
currently an appointee of the governor, but unlike other
officers of the executive branch, his appointment does not
require Senate confirmation. To achieve consistency with similar
officers with similar degrees of responsibility, this draft
makes the superintendent subject to Senate confirmation.
2. The second issue in this draft was the variation among
beverage types when it came to the legal days of sale.
Justifications for the original provisions on this subject
seemed to have changed over time, and more recent regulatory
provisions are less restrictive than the older provisions. Terms
of the bill would provide that distilled spirits can be sold on
elections days just as beer and wine can be sold at present. It
would also allow sales of all beverages on Sunday, Memorial Day
or Thanksgiving in state liquor dispensaries if county
commissioners have authorized the sale of other beverages on
those holidays.
3. Finally, this draft addresses the personnel of the state
liquor dispensary who are currently absolutely prohibited from
any participation in political activity. The superintendent
suggested that this provision is overly harsh and perhaps
unconstitutional. It seems more consistent that dispensary
employees are governed by the same provisions as other state
employees.
FISCAL NOTE
NO FISCAL IMPACT TO THE GENERAL FUND.
CONTACT: SENATOR JACK RIGGS 332-l34l
SENATOR HAL BUNDERSON
SENATOR BETSY DUNKLIN
STATEMENT OF PURPOSE/ FISCAL NOTE S1222