2000 Legislation
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SENATE BILL NO. 1417, As Amended – Alcohol/licensee/certn acts prohibt

SENATE BILL NO. 1417, As Amended

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Daily Data Tracking History

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
      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,
      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

Bill Text

  ||||              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
  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-
  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 / Fiscal Impact

                 STATEMENT OF PURPOSE
     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. 
     Name: Lonnie Gray, Alcohol Beverage Control
     Phone: (208) 884-7062 
                                                       STATEMENT OF PURPOSE/FISCAL NOTE                    S 1417