S1417aa..............................................by JUDICIARY AND RULES ALCOHOL BEVERAGES - RETAIL ESTABLISHMENTS - Amends and adds to existing law to clarify certain prohibited acts by an alcohol beverage licensee. 02/14 Senate intro - 1st rdg - to printing 02/15 Rpt prt - to St Aff 03/02 Rpt out - to 14th Ord 03/03 Rpt out amen - to engros 03/06 Rpt engros - 1st rdg - to 2nd rdg as amen 03/07 2nd rdg - to 3rd rdg as amen 03/14 3rd rdg as amen - PASSED - 26-1-8 AYES--Andreason, Boatright, Branch, Bunderson, Cameron, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, Lee, Noh, Parry, Richardson, Riggs, Risch, Schroeder, Sorensen, Stegner, Stennett, Thorne, Williams NAYS--Whitworth Absent and excused--Burtenshaw, Crow, Danielson, Darrington, King-Barrutia, McLaughlin, Sandy, Wheeler Floor Sponsor - Bunderson Title apvd - to House 03/15 House intro - 1st rdg as amen - to St Aff 03/23 Rpt out - rec d/p - to 2nd rdg as amen 03/24 2nd rdg - to 3rd rdg as amen 04/03 3rd rdg as amen - PASSED - 66-0-4 AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher(Loertscher), Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wood, Zimmermann NAYS -- None Absent and excused -- Clark, Gould, Wheeler, Mr Speaker Floor Sponsor - Moss Title apvd - to Senate 04/04 To enrol - rpt enrol - Pres signed 04/05 Sp signed 04/06 To Governor 04/12 Governor signed Session Law Chapter 254 Effective: 04/12/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE SENATE SENATE BILL NO. 1417, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE LAWS CONCERNING THE SALE OF ALCOHOLIC BEVERAGES; AMENDING SEC- 3 TION 23-614, IDAHO CODE, TO CLARIFY CERTAIN PROHIBITED ACTS BY LICENSEES; 4 AND DECLARING AN EMERGENCY. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 23-614, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 23-614. PROHIBITED ACTS -- MISDEMEANORS -- PENALTIES. (1) No person, 9 partnership, association or corporation shall conduct, permit, or encourage 10 any of the following acts or activities in or upon premises licensed pursuant 11 to title 23, Idaho Code: 12 (a) Employment or use of any person, including allowing any person on the 13 premises, while such person is unclothed or in such attire, costume or 14 clothing as to expose to view any portion of the female breast below the 15 top of the areola or of any portion of the pubic hair, anus, cleft of the 16 buttocks, vulva or genitals. 17 (b) Employment or use of any person who touches, caresses or fondles the 18 breast, buttocks, anus or genitals of any other person, or who is so 19 touched, caressed or fondled by another person. 20 (c) Employment or use of any person to wear or use any device or cover- 21 ing, exposed to view, which simulates the breast, genitals, anus, pubic 22 hair or any portion thereof. 23 (d) Employment or use of any person to perform acts of or acts which sim- 24 ulate sexual intercourse, masturbation, sodomy, bestiality, oral 25 copulation, flagellation or any sexual acts which are prohibited by law. 26 (e) The showing of films, still pictures, electronic reproductions, or 27 other visual reproductions depicting: 28 (i) Acts or simulated acts of sexual intercourse, masturbation, 29 sodomy, bestiality, oral copulation, flagellation or any sexual acts 30 which are prohibited by law. 31 (ii) Any person being touched, caressed or fondled on the breast, 32 buttocks, anus or genitals. 33 (iii) Scenes wherein a person displays the vulva or the anus or the 34 genitals. 35 (iv) Scenes wherein artificial devices or inanimate objects are 36 employed to portray any of the prohibited activities described in 37 this section. 38 (2) A violation of any of the provisions of this section by any agent, 39 employee, or other person in any way acting on behalf of a licensee shall con- 40 stitute a misdemeanor, and upon conviction such person shall be fined not less 41 than the sum of one hundred dollars ($100) nor more than the sum of three hun- 42 dred dollars ($300), or be imprisoned in the county jail for not less than 43 thirty (30) days nor more than six (6) months, or both such fine and imprison- 2 1 ment. Any court in which a judgment of conviction is entered shall certify a 2 copy thereof to the director, and the director shall thereupon commence admin- 3 istrative proceedings. The director shall review the circumstances and may 4 take action he considers appropriate against the licensee including suspension 5 of the license for not to exceed six (6) months, a fine, or both such suspen- 6 sion and fine or may revoke the license. 7 (3) In addition to misdemeanor violations or other criminal proceedings 8 instituted under this section, upon sufficient proof to the director, the 9 director shall take administrative action as provided in subsection (2) of 10 this section against any licensee in the event any person is found to have 11 committed any of the above proscribed acts. The proceedings shall be in accor- 12 dance with provisions of the administrative procedure act. 13 SECTION 2. An emergency existing therefor, which emergency is hereby 14 declared to exist, this act shall be in full force and effect on and after its 15 passage and approval.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 Moved by Bunderson Seconded by Stegner IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1417 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 12, delete "or" and insert:"includ- 3 ing"; in line 17, delete ", or allowing any person on the prem-" and in line 4 18, delete "ises,"; in line 21, delete ", or allowing any person on the prem-" 5 and in line 22, delete "ises,"; in line 24, delete ", or allowing any person 6 on the prem-" and in line 25, delete "ises,".
STATEMENT OF PURPOSE RS09935 This legislation is one of three bills that the Department of Law Enforcement - Alcohol Beverage Control recommends to cure defects in the law or eliminate ambiguities that cause confusion to the regulated public and citizens and unnecessarily consumes time of State Police Officers. Specifically, this legislation closes a loop hole in the law wherein a few licenses have asserted that entertainer- dancers who perform routinely at the licensee's premises and expose themselves contrary to state law are not their employees. Therefore, the contend they are exempt from the requirements of the law. By adding the phrase "or allowing any person on the premises" will close the foregoing deficiency in the law. FISCAL IMPACT No negative fiscal impact. Should allow law enforcement to be more efficient. Contact Name: Lonnie Gray, Alcohol Beverage Control Phone: (208) 884-7062 STATEMENT OF PURPOSE/FISCAL NOTE S 1417