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H0565aa....................................................by STATE AFFAIRS
COUNTIES - LIQUOR LICENSES - Amends existing law to provide for issuance of
county licenses for the retail sale of liquor by the drink in
unincorporated areas of each county to establishments which meet the
definition of a restaurant; to provide for an annual license fee to be paid
to the director of the Department of Law Enforcement; and to provide for an
annual license fee to be paid to the board of county commissioners for the
use and benefit of the county.
02/14 House intro - 1st rdg - to printing
02/15 Rpt prt - to St Aff
03/01 Rpt out - to Gen 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
03/13 3rd rdg as amen - FAILED - 33-37-0
AYES -- Barrett, Bieter, Boe, Campbell, Chase, Clark, Crow, Cuddy,
Deal, Gagner, Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
Kellogg, Marley, McKague, Meyer, Pischner, Pomeroy, Ridinger, Ringo,
Robison, Schaefer, Sellman, Shepherd, Smith, Smylie, Stoicheff,
Stone, Trail
NAYS -- Alltus, Barraclough, Bell, Black, Bruneel, Callister,
Cheirrett, Denney, Ellsworth, Field(13), Field(20), Geddes, Gould,
Hadley, Hammond, Hansen(23), Kempton, Kendell, Kunz, Lake, Linford,
Loertscher, Mader, Montgomery, Mortensen, Moss, Moyle, Pearce,
Reynolds, Sali, Stevenson, Taylor, Tilman, Wheeler, Wood, Zimmermann,
Mr Speaker
Absent and excused -- None
Floor Sponsor - Shepherd
Filed with Chief Clerk
H0565
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 565, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO RETAIL SALE OF LIQUOR BY THE DRINK; AMENDING SECTION 23-903, IDAHO
3 CODE, TO PROVIDE FOR THE ISSUANCE OF LICENSES IN UNINCORPORATED AREAS OF
4 THE COUNTIES TO ESTABLISHMENTS WHICH MEET THE DEFINITION OF A RESTAURANT
5 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 23-904, IDAHO CODE, TO
6 REQUIRE PAYMENT TO THE DIRECTOR OF ANNUAL FEES ON LICENSES ISSUED IN UNIN-
7 CORPORATED AREAS OF THE COUNTIES; AMENDING SECTION 23-905, IDAHO CODE, TO
8 PROVIDE THAT THE APPROVAL OF THE DIRECTOR IS REQUIRED WHEN A COUNTY LICEN-
9 SEE CHANGES LOCATION OF HIS BUSINESS PREMISES AND TO MAKE TECHNICAL COR-
10 RECTIONS; AMENDING SECTION 23-913, IDAHO CODE, TO PROHIBIT ISSUANCE OF A
11 COUNTY LICENSE FOR ANY PREMISES LOCATED NEAR A CHURCH OR SCHOOL EXCEPT
12 UPON APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS AND TO MAKE TECHNICAL
13 CORRECTIONS; AND AMENDING SECTION 23-916, IDAHO CODE, TO AUTHORIZE THE
14 BOARD OF COUNTY COMMISSIONERS TO IMPOSE AND COLLECT AN ANNUAL FEE ON
15 LICENSES ISSUED WITHIN THE UNINCORPORATED LIMITS OF THE COUNTY TO ESTAB-
16 LISHMENTS WHICH MEET THE DEFINITION OF A RESTAURANT FOR THE USE AND BENE-
17 FIT OF THE COUNTY.
18 Be It Enacted by the Legislature of the State of Idaho:
19 SECTION 1. That Section 23-903, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 23-903. LICENSE TO RETAIL LIQUOR. (1) The director of the department of
22 law enforcement is hereby empowered, authorized, and directed to issue
23 licenses to qualified applicants, as herein provided, whereby the licensee
24 shall be authorized and permitted to sell liquor by the drink at retail and,
25 upon the issuance of such license, the licensee therein named shall be autho-
26 rized to sell liquor at retail by the drink, but only in accordance with the
27 rules promulgated by the director and the provisions of this chapter.
28 (2) No license shall be issued for the sale of liquor on any premises
29 outside the incorporated limits of any city except as provided in this chapter
30 and tThe number of licenses so issued for any city shall not exceed one (1)
31 license for each one thousand five hundred (1,500) of population of said city
32 or fraction thereof, as established in the last preceding census, or any sub-
33 sequent special census conducted by the United States bureau of the census or
34 by an estimate that is statistically valid including adding the number of new
35 residential utility connections or including adding the population of areas
36 annexed into the city after the last census or special census was conducted,
37 except that upon proper application thereof not more than two (2) licenses may
38 be issued for each incorporated city with a population of one thousand five
39 hundred (1,500) or less, unless the retail licensing of liquor by the drink
40 has been previously disapproved under the provisions of sections 23-917,
41 23-918, 23-919, 23-920 and 23-921, Idaho Code; provided, however, that any
42 license heretofore issued may be renewed from year to year without regard to
43 the population or status of the city for which such license is issued. Any
2
1 license issued and which has remained in effect at its location for a consecu-
2 tive period of ten (10) years or more shall be deemed to have been validly
3 issued and may be renewed from year to year provided, however, that the appli-
4 cant for the renewal of such license is not otherwise disqualified for licen-
5 sure pursuant to section 23-910, Idaho Code, and, if the premises required
6 special characteristics for original licensure, other than being either within
7 or without the incorporated limits of a city, that said premises continue to
8 have such special characteristics at the time of the application for renewal.
9 (3) If permitted by county ordinance or limited in number by county ordi-
10 nance, nothing in this chapter shall prohibit the issuance of licenses to
11 counties based on the population of the unincorporated areas of the county.
12 Provided however, such licenses shall only be issued to the owner, operator or
13 lessee of an establishment which meets the definition of a restaurant as pro-
14 vided in section 23-942, Idaho Code. Initially, on July 1, 2000, each county
15 shall be granted two (2) licenses, regardless of population. Counties with a
16 population of nine thousand (9,000) to twelve thousand (12,000) shall be
17 granted three (3) licenses, and counties of twelve thousand (12,000) or more
18 population shall be granted four (4) licenses. Each year thereafter, addi-
19 tional licenses shall be granted for annual growth of one (1) license for each
20 three thousand (3,000) of population of the unincorporated areas of the
21 county. The basis upon which respective populations of the unincorporated
22 areas of each county shall be determined is the last preceding census, or any
23 subsequent special census conducted by the United States bureau of the census,
24 or by an estimate that is statistically valid including adding the number of
25 new residential utility connections, unless a direct enumeration of the inhab-
26 itants thereof be made by the state of Idaho, in which case such later direct
27 enumeration shall constitute such basis. Counties shall sell licenses at auc-
28 tion to the highest bidder who meets the qualifications for licensure pursuant
29 to this chapter, and shall remit fifty percent (50%) of the proceeds from each
30 license sold to the director for deposit to the state liquor fund created in
31 section 23-401, Idaho Code. Annual county license fees shall be imposed and
32 collected as provided in section 23-916, Idaho Code. Such county licenses
33 shall not be transferable to any city in the county or any city in any other
34 county, nor be transferable from one (1) county to another, but may be trans-
35 ferred within the unincorporated areas of the county in which they were
36 issued.
37 (4) Nothing herein contained shall prohibit the issuance of a license to
38 the owner, operator, or lessee of an actual, bona fide golf course whether
39 located within or without the limits of any city, or located on premises also
40 operated as a winery, or ski resort, or to the lessee of any premises situate
41 thereon, no part of which ski resort or the premises thereon is situate within
42 the incorporated limits of any city. For the purpose of this section a golf
43 course shall comprise an actual, bona fide golf course, which is regularly
44 used for the playing of the game of golf, and having not less than nine (9)
45 tees, fairways and greens laid out and used in the usual and regular manner of
46 a golf course. Nine (9) hole courses must have a total yardage of at least one
47 thousand (1,000) yards, and eighteen (18) hole courses must have a total
48 yardage of at least two thousand (2,000) yards as measured by totaling the
49 tee-to-green distance of all holes. The course must be planted in grass except
50 that it may provide artificial tee mats. Where any such golf course is owned
51 or leased by an association of members and is used or enjoyed by such members,
52 or their guests, none of the disqualifications contained in section 23-910,
53 Idaho Code, shall apply to such association as a licensee where such disquali-
54 fications, or any of them, would apply only to a member of such association
55 where such member has no interest therein except as a member thereof.
3
1 (5) Also for the purpose of this section a ski resort shall comprise real
2 property of not less than ten (10) acres in size, exclusive of the terrain
3 used for skiing and upon which the owner, operator, or lessee of the ski
4 resort has made available himself, or through others, including, but not lim-
5 ited to, the owners of condominiums, permanent bona fide overnight accommoda-
6 tions available to the general public for one hundred (100) persons or more,
7 and which real property is contiguous to or located within the area in which
8 skiing occurs, and which real property is regularly operated as a ski resort
9 in the winter time, and where the owner, operator, or lessee of the ski resort
10 is also the owner, operator, or lessee of the area served by a bona fide chair
11 ski lift facility or facilities. Alternatively, for the purpose of this sec-
12 tion a ski resort may also be defined as a downhill ski area, open to the pub-
13 lic, comprising real property of not less than two hundred fifty (250)
14 skiable acres, operating two (2) or more chair lifts with a vertical lift of
15 one thousand (1,000) feet or more, and capable of transporting a minimum of
16 one thousand eight hundred (1,800) skiers per hour. A ski resort qualifying
17 under this definition shall also have on the premises a lodge facility provid-
18 ing shelter and food service to the public, the operator of which shall also
19 be the valid owner or lessee of the grounds and facilities upon which the ski
20 resort offers downhill skiing services to the public. The fees for licenses
21 granted to ski resorts shall be the same as those prescribed for golf courses
22 as set forth in section 23-904, Idaho Code. Not more than one (1) licensed
23 premises shall be permitted on any golf course or any ski resort or within the
24 area comprising the same.
25 (6) Nothing herein contained shall prohibit the issuance of a license to
26 the owner, operator or lessee of an actual, bona fide equestrian facility
27 located on not less than forty (40) contiguous acres, with permanently erected
28 seating of not less than six thousand (6,000) seats, no part of which eques-
29 trian facility or the premises thereon is situate within the incorporated lim-
30 its of any city, and which facility shall have at least three (3) days per
31 year of a professionally sanctioned rodeo. Not more than one (1) licensed
32 premises shall be permitted at any equestrian facility or within an area com-
33 prising such a facility. The license shall be solely for the equestrian facil-
34 ity and shall not be transferred to any other location. The fees for licenses
35 granted to equestrian facilities shall be the same as those prescribed for
36 golf courses as set forth in section 23-904, Idaho Code.
37 (7) Nothing herein contained shall prohibit the issuance of a license to
38 the owner, operator, or lessee of a restaurant operated on an airport owned or
39 operated by a county or municipal corporation or on an airport owned or oper-
40 ated jointly by a county and municipal corporation, and which said airport is
41 served by a trunk or local service air carrier holding a certificate of public
42 convenience and necessity issued by the Ccivil Aaeronautics Bboard of the
43 United States of America. Not more than one (1) license shall be issued on any
44 airport.
45 (8) Nothing herein contained shall prohibit the issuance of one (1) club
46 license to a club as defined in section 23-902, Idaho Code. The holder of a
47 club license is authorized to sell and serve alcoholic beverages for consump-
48 tion only within the licensed establishment owned, leased or occupied by the
49 club, and only to bona fide members of the club, and to serve and to sell
50 alcoholic beverages for consumption to bona fide members' guests. A club
51 license issued pursuant to the provisions of this section is not transferable
52 and may not be sold. Any club license issued pursuant to the provisions of
53 this section will revert to the director when, in his judgment, the licensee
54 ceases to operate as a bona fide club as defined in section 23-902, Idaho
55 Code. No club may hold a liquor license and a club license simultaneously. A
4
1 club which on July 1, 1983, holds a liquor license, may continue to possess
2 that license. Any club which possesses a liquor license on January 1, 1983, or
3 thereafter, and then sells that liquor license, may not obtain a club license,
4 and the director shall not issue a club license to that club for a period of
5 five (5) years following such sale. The fee for any license issued to a quali-
6 fying club within an incorporated municipality shall be as prescribed in sub-
7 sections (a), (b) and (c) of section 23-904, Idaho Code. The fee for any
8 license issued to a qualifying club not situate within an incorporated munici-
9 pality shall be as specified for golf courses under section 23-904(f), Idaho
10 Code. The provisions of section 23-916, Idaho Code, regarding county and city
11 licenses, shall pertain to club licenses. The burden of producing sufficient
12 documentation of qualifications for club licensure shall be with the club
13 applicant.
14 (9) Nothing in this chapter to the contrary shall prohibit the issuance
15 of a license to the owner, operator, or lessee of an actual, bona fide conven-
16 tion center which is within the incorporated limits of a city having a popula-
17 tion of three thousand (3,000) or greater, and which city does not have
18 located therein a convention center with a valid convention center license to
19 sell liquor by the drink. For the purpose of this section, a convention center
20 means a facility having at least thirty-five thousand (35,000) square feet of
21 floor space or a facility having at least one hundred twenty (120) sleeping
22 rooms and an adjoining meeting room which will accommodate not less than three
23 hundred fifty (350) persons, whether or not such room may be partitioned into
24 smaller rooms, and provided that such meeting room shall contain at least
25 three thousand (3,000) square feet of floor space. Such license must be placed
26 in actual use in said convention center within one (1) year from the date of
27 its issuance. The fee for any license issued to a qualifying convention center
28 shall be as prescribed in subsection (c) of section 23-904, Idaho Code. No
29 license issued to a convention center hereunder shall be transferable to
30 another location or facility, nor shall the holder of a convention center
31 license be eligible for the issuance of a license in the same city pursuant to
32 any other provision of this chapter. For purposes of this section, the term
33 holder shall include an owner, operator or lessee and shall include a stock-
34 holder, director, or officer of a corporation, or a partner in a partnership,
35 which corporation or partnership has been issued a convention center license
36 pursuant to this chapter. Not more than one (1) licensed premises shall be
37 permitted on any convention center or within the area comprising the same,
38 including convention centers that also comprise golf courses or ski resorts as
39 herein defined.
40 (10) Nothing in this chapter shall prohibit the issuance of a license to
41 the owner, operator or lessee of a food, beverage and/or lodging facility that
42 has been in continuous operation in the same location for at least seventy-
43 five (75) years, except for temporary closings for refurbishing or reconstruc-
44 tion, or a food, beverage and lodging facility serving the public by reserva-
45 tion only, having a minimum of five (5) rooms operating in a structure that
46 has been in existence for at least seventy-five (75) years and has been on the
47 historic register for a minimum of ten (10) years, is situated within five
48 hundred (500) yards of a natural lake containing a minimum of thirty-six thou-
49 sand (36,000) acre feet of water when full with a minimum of thirty-two (32)
50 miles of shoreline, and is located in a county with a minimum population of
51 sixty-five thousand (65,000). The provisions of section 23-910, Idaho Code,
52 shall apply to licenses issued to continuous operation facilities. The fees
53 shall be the same as those prescribed for golf courses as set forth in section
54 23-904, Idaho Code. Licenses issued to continuous operation facilities are not
55 transferable.
5
1 (11) Nothing in this chapter shall prohibit the issuance of a license to
2 the owner, operator or lessee of the lodging, dining and entertainment facili-
3 ties owned by a gondola resort complex and operated in conjunction with the
4 other public services provided by a gondola resort complex located within the
5 ownership/leasehold boundaries of a gondola resort complex.
6 A gondola resort complex means an actual, bona fide gondola capable of
7 transporting people for recreational and/or entertainment purposes at least
8 three (3) miles in length with a vertical rise of three thousand (3,000) feet,
9 portions of which may be located within or over the limits of one (1) or more
10 cities.
11 (12) Nothing in this chapter shall prohibit the issuance of a license to
12 the owner, operator or lessee of a winery also operating a golf course on the
13 premises.
14 The provisions of section 23-910, Idaho Code, shall apply to licenses
15 issued under the provisions of this subsection. The fees shall be the same as
16 those prescribed for golf courses as set forth in section 23-904, Idaho Code.
17 Licenses issued under the provisions of this subsection are not transferable.
18 SECTION 2. That Section 23-904, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 23-904. LICENSE FEES. Each licensee licensed under the provisions of this
21 act chapter shall pay an annual license fee to the director as follows:
22 a. For each license in a city or the unincorporated area of a county of
23 1,000 population or less, $300 per annum.
24 b. For each license in a city or the unincorporated area of a county of
25 from 1,000 to 3,000 population, $500 per annum.
26 c. For each license in a city or the unincorporated area of a county hav-
27 ing a population of more than 3,000, $750 per annum.
28 d. For each railroad train for sale only in buffet, club or dining cars,
29 $50.00 per annum of the scheduled run of such train within the state of Idaho;
30 provided, that such license shall be in full, and in lieu of all other
31 licenses herein provided for.
32 e. For each common carrier boat line for sale only in buffet, club dining
33 rooms, $250 per annum. Such license shall be in full, and in lieu of all other
34 licenses herein provided for.
35 f. For each license issued to the owner, operator, or lessee of a golf
36 course as described in section 23-903, Idaho Code, or to the lessee of any
37 premises situate on such golf course, situate in any county having a popula-
38 tion of:
39 1. Less than 20,000, $200 per annum;
40 2. 20,000 but less than 40,000, $300 per annum;
41 3. 40,000 or more, $400 per annum.
42 g. For each common carrier airline for sale only in common carrier air-
43 craft, $250 per annum. Such license shall be in full, and in lieu of all other
44 licenses herein provided for.
45 h. For each license issued to the owner, operator, or lessee of a restau-
46 rant operated on an airport, as described in section 23-903, Idaho Code, situ-
47 ate within the corporate limits of a city, the fee shall be the same as pro-
48 vided in paragraphs "a" through "c," inclusive, of this section.
49 i. For each license issued to the owner, operator, or lessee of a restau-
50 rant operated on an airport, as described in section 23-903, Idaho Code, situ-
51 ate without the corporate limits of a city, the fee shall be the same as pro-
52 vided in paragraph "f" of this section. Licenses issued under and pursuant to
53 the provisions of this act shall expire at 1:00 o'clock A.M. on the first day
6
1 of January of the following year.
2 Provided that any licensee who operates for only a portion of a year may
3 have his license fee prorated from the date he commences operation to the end
4 of the calendar year, but in no event for less than six (6) months.
5 In the event a licensee who was previously issued a license on a prorated
6 basis under the provisions hereof desires to have such license renewed for the
7 same period for the next succeeding year, he shall file his intention to so
8 apply for such license with the director, accompanied by the fee required for
9 the issuance of such license on or before December 31st of the year preceding.
10 The license fees herein provided for are exclusive of and in addition to
11 other license fees chargeable in the state of Idaho.
12 The basis upon which respective populations of municipalities shall be
13 determined is the last preceding census or any subsequent special census con-
14 ducted by the United States bureau of the census, unless a direct enumeration
15 of the inhabitants thereof be made by the state of Idaho, in which case such
16 later direct enumeration shall constitute such basis.
17 SECTION 3. That Section 23-905, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 23-905. APPLICATION FOR LICENSES -- PENALTY FOR FALSE STATEMENTS. Prior
20 to the issuance of a license as herein provided, the applicant shall file with
21 the director an application, in writing, signed by the applicant and contain-
22 ing such information and statements relative to the applicant and the premises
23 where the liquor is to be sold as may be required by the director. The appli-
24 cation shall be verified by the affidavit of the person making the same before
25 a person authorized to administer oaths and shall be accompanied with the
26 license fee herein required.
27 In addition to setting forth the qualifications required by other provi-
28 sions of this act, the application must show:
29 (1) A detailed description of the premises for which a license is sought
30 and its location.
31 (2) A detailed statement of the assets and liabilities of the applicant.
32 (3) The names and addresses of all persons who will have any financial
33 interest in any business to be carried on in and upon the licensed premises,
34 whether such interest results from open loans, mortgages, conditional sales
35 contracts, silent partnerships, trusts or any other basis than open trade
36 accounts incurred in the ordinary course of business, and the amounts of such
37 interests.
38 (4) The name and address of the applicant, which shall include all mem-
39 bers of a partnership or association and the officers, members of the govern-
40 ing board and ten (10) principal stockholders of a corporation.
41 (5) A copy of the articles of incorporation and bylaws of any corpora-
42 tion, the articles of association and the bylaws of any association, or the
43 articles of partnership of any partnership.
44 (6) If during the period of any license issued hereunder any change shall
45 take place in any of the requirements of subparagraph subsection (3), (4), or
46 (5) of this section, the licensee shall forthwith make a written report of
47 such change to the director.
48 (7) If during the period of any license issued hereunder the licensee
49 seeks to move his business from one (1) premises to another in the same city,
50 or in the same county for licenses issued in unincorporated areas of the
51 county, he may do so subject to the director's approval that the new premises
52 is suitable for the carrying on of the business.
53 If any false statement is made in any part of said application, or any
7
1 subsequent report, the applicant, or applicants, shall be deemed guilty of a
2 felony and upon conviction thereof shall be imprisoned in the state prison for
3 not less than one (1) year nor more than five (5) years and fined not less
4 than one thousand dollars ($1,000) nor more than five thousand dollars
5 ($5,000), or both such fine and imprisonment.
6 SECTION 4. That Section 23-913, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 23-913. LICENSEE NOT ALLOWED NEAR CHURCHES OR SCHOOLS -- EXCEPTIONS. No
9 license shall be issued for any premises in any neighborhood which is predomi-
10 nantly residential or within three hundred (300) feet of any public school,
11 church, or any other place of worship, measured in a straight line to the
12 nearest entrance to the licensed premises, except with the approval of the
13 governing body of the municipality or the board of county commissioners for
14 licenses issued for unincorporated areas of the county; provided, that this
15 limitation shall not apply to any duly licensed premises that at the time of
16 licensing did not come within the restricted area but subsequent to licensing
17 same came therein.
18 SECTION 5. That Section 23-916, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 23-916. COUNTY AND CITY LICENSES. (1) City licenses. In addition to the
21 licensing and control herein provided for the retail sale of liquor by the
22 drink, each county and incorporated city in the state of Idaho is hereby
23 authorized and empowered to license the sale of liquor by the drink at retail
24 within the corporate limits of such city. The respective local authorities may
25 impose and collect license fees for the use and benefit of such city not to
26 exceed seventy-five percent (75%) of the amount of the license fee collected
27 by the director as herein provided and for the use and benefit of such county
28 not to exceed twenty-five percent (25%) of the amount of the license fee col-
29 lected by the director as herein provided. The governing authority of such
30 city may provide further regulations for the control of such business, and the
31 board of county commissioners of any county may fix the fee for, and may regu-
32 late and control the use of, any license issued for the sale of liquor by the
33 drink at retail in any licensed premises not situate within the incorporated
34 limits of any city, not in conflict with the provisions of this act.
35 (2) County licenses. In addition to the licensing and control provided
36 for the retail sale of liquor by the drink, each county in the state of Idaho
37 is hereby authorized and empowered to license the sale of liquor by the drink
38 at retail within the unincorporated areas of the county. Provided however,
39 such licenses shall only be issued to the owner, operator or lessee of an
40 establishment which meets the definition of a restaurant as provided in sec-
41 tion 23-942, Idaho Code. The respective boards of county commissioners may
42 impose and collect license fees for the use and benefit of such county not to
43 exceed seventy-five percent (75%) of the amount of the license fee collected
44 by the director as provided in subsections a., b. and c. of section 23-904,
45 Idaho Code. The board of county commissioners of any county may fix the fee
46 for, and may regulate and control the use of, any license issued for the sale
47 of liquor by the drink at retail in any licensed premises situated within the
48 unincorporated limits of the county.
AH0565
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Jaquet
Seconded by Shepherd
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 565
1 AMENDMENTS TO SECTION 1
2 On page 2 of the printed bill, in line 7, delete "Unless prohibited" and
3 insert: "If permitted by county ordinance"; in line 9, following "county."
4 insert: "Provided however, such licenses shall only be issued to the owner,
5 operator or lessee of an establishment which meets the definition of a restau-
6 rant as provided in section 23-942, Idaho Code."; and in line 16, delete "or
7 fraction thereof".
8 AMENDMENT TO SECTION 5
9 On page 7, in line 33, following "county." insert: "Provided however, such
10 licenses shall only be issued to the owner, operator or lessee of an estab-
11 lishment which meets the definition of a restaurant as provided in section
12 23-942, Idaho Code.".
13 CORRECTIONS TO TITLE
14 On page 1, in line 4, following "COUNTIES" insert: "TO ESTABLISHMENTS
15 WHICH MEET THE DEFINITION OF A RESTAURANT"; and in line 15, following the
16 first "COUNTY" insert: "TO ESTABLISHMENTS WHICH MEET THE DEFINITION OF A RES-
17 TAURANT".
STATEMENT OF PURPOSE
RS 09940
This legislation would allow full service restaurants in rural areas to obtain a
liquor license, thus being able to compete in their line of business.
FISCAL IMPACT
There would be additional revenue to the General Fund.
Contact
Name: Rep. Mary Lou Shepherd
Phone: 208/332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 565