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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
S1417
|||| 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.
AS1417
|||| 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