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S1415................................................by JUDICIARY AND RULES
ALCOHOL BEVERAGES - RETAIL ESTABLISHMENTS - Amends and adds to existing law
to clarify when persons are not eligible to obtain beverages for the sale
of alcoholic beverages at retail.
02/14 Senate intro - 1st rdg - to printing
02/15 Rpt prt - to St Aff
S1415
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1415
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE LAWS CONCERNING THE SALE OF ALCOHOLIC BEVERAGES; AMENDING SEC-
3 TION 23-910, IDAHO CODE, TO CLARIFY PERSONS WHO ARE NOT QUALIFIED TO BE
4 LICENSED; AMENDING SECTION 23-928, IDAHO CODE, TO CLARIFY THAT IT SHALL BE
5 UNLAWFUL FOR A LICENSEE TO SELL, GIVE AWAY, DISPENSE, VEND OR DELIVER ANY
6 BEER OR WINE IN ANY FASHION OR BY MEANS OR DEVICE EXCEPT UPON A LICENSED
7 PREMISES OR UNDER AN ALCOHOL BEVERAGE CATERING PERMIT AND TO CORRECT A
8 CODIFIER'S ERROR; AMENDING SECTION 23-1010, IDAHO CODE, TO CLARIFY CONDI-
9 TIONS WHEN AN APPLICANT IS NOT ELIGIBLE FOR LICENSURE AND TO MAKE TECHNI-
10 CAL CORRECTIONS; AMENDING SECTION 23-1024, IDAHO CODE, TO CLARIFY THAT IT
11 IS A MISDEMEANOR FOR A PERSON TO FALSELY REPRESENT HIMSELF AS TWENTY-ONE
12 TO A PERSON LICENSED TO SELL LIQUOR OR WINE AT RETAIL; AMENDING SECTION
13 23-1308A, IDAHO CODE, TO CLARIFY CONDITIONS WHEN A PERSON IS NOT ELIGIBLE
14 FOR A WINE LICENSE AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN
15 EMERGENCY.
16 Be It Enacted by the Legislature of the State of Idaho:
17 SECTION 1. That Section 23-910, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 23-910. PERSONS NOT QUALIFIED TO BE LICENSED. No license shall be issued
20 to:
21 (1) Any person, or any one (1) of its members, officers, or governing
22 board, who has, within three (3) years prior to the date of making applica-
23 tion, been convicted of, been found guilty of or who has pending or unresolved
24 formal charges for, any violation of the laws of the United States, the state
25 of Idaho, or any other state of the United States, or of the resolutions or
26 ordinances of any county or city of this state, relating to the importation,
27 transportation, manufacture or sale of alcoholic liquor or beer; or who has
28 been convicted of, been found guilty of or who has pending or unresolved for-
29 mal charges for, paid any fine, been placed on probation, received a deferred
30 sentence, received a withheld judgment or completed any sentence of confine-
31 ment for any felony within five (5) years prior to the date of making applica-
32 tion for any license.
33 (2) A person who is engaged in the operation, or interested therein, of
34 any house or place for the purpose of prostitution or who has been convicted
35 of, been found guilty of, or who has pending or unresolved formal charges for,
36 any crime or misdemeanor opposed to decency and morality.
37 (3) A person whose license issued under this act has been revoked; an
38 individual who was a member of a partnership or association which was a licen-
39 see under this act and whose license has been revoked; an individual who was
40 an officer, member of the governing board or one (1) of the ten (10) principal
41 stockholders of a corporation which was a licensee under this act and whose
42 license has been revoked; a partnership or association one (1) of whose mem-
43 bers was a licensee under this act and whose license was revoked; a corpora-
2
1 tion one (1) of whose officers, member of the governing board or ten (10)
2 principal stockholders was a licensee under the provisions of this act and
3 whose license has been revoked; an association or partnership, one (1) of
4 whose members was a member of a partnership or association licensed under the
5 provisions of this act and whose license has been revoked; a partnership or
6 association, one (1) of whose members was an officer, a member of the govern-
7 ing board, or one (1) of the ten (10) principal stockholders of a corporation
8 licensed under the provisions of this act and whose license has been revoked;
9 a corporation, one (1) of whose officers, member of the governing board, or
10 ten (10) principal stockholders was a member of a partnership or association
11 licensed under the provisions of this act and whose license was revoked; a
12 corporation, one (1) of whose officers, member of the governing board, or ten
13 (10) principal stockholders was an officer, member of the governing board, or
14 one (1) of the ten (10) principal stockholders of a corporation licensed under
15 the provisions of this act and whose license was revoked.
16 (4) Any officer, agent, or employee of any distillery, winery, brewery,
17 or any wholesaler, or jobber, of liquor or malt beverages except as provided
18 in section 23-912, Idaho Code. This prohibition shall not apply to officers,
19 agents, or employees of any winery operating a golf course on the same prem-
20 ises as the winery.
21 (5) A person who does not hold a retail beer license issued under the
22 laws of the state of Idaho.
23 (6) Any license, held by any licensee disqualified under the provisions
24 of this section from being issued a license, shall forthwith be revoked by the
25 director.
26 SECTION 2. That Section 23-928, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 23-928. SALE AWAY FROM LICENSED PREMISES PROHIBITED -- GAMBLING PROHIB-
29 ITED. (1) It shall be unlawful for any licensee to sell, give away, dispense,
30 vend, or deliver any liquor, beer or wine in any fashion or by means or
31 device, except upon the licensed premises or under an alcohol beverage
32 catering permit.
33 (2) It shall be unlawful for any licensee granted a license under the
34 authority of title 23, Idaho Code, to permit, conduct, play, carry on, open or
35 cause to be opened any gaming in or upon the licensed premises or in or upon
36 any premises directly connected by a door, hallway, or other means of access
37 from the licensed premises. Any licensee authorized under the authority of
38 this title and who is also authorized by other Idaho law to conduct the lawful
39 activities of lottery, bingo, raffles, and pari-mutuel betting on the licensed
40 permises premises shall be exempt from the provisions of this subsection as
41 long as the lawful activities are conducted in conformity with statute and
42 rules promulgated pursuant thereto.
43 SECTION 3. That Section 23-1010, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 23-1010. LICENSE TO SELL BEER AT RETAIL -- APPLICATION PROCEDURE AND FORM
46 -- SHOWING OF ELIGIBILITY FOR LICENSE AND DISQUALIFICATIONS. (1) Every person
47 who shall apply for a state license to sell beer at retail shall tender the
48 license fee to, and file written application for license with, the director.
49 The application shall be on a form prescribed by the director which shall
50 require such information concerning the applicant, the premises for which
51 license is sought and the business to be conducted thereon by the applicant as
3
1 the director may deem necessary or advisable, and which shall enable the
2 director to determine that the applicant is eligible and has none of the dis-
3 qualifications for license, as provided for in this section. Such information
4 shall include the following:
5 (a) The name and place of residence of the applicant and length of his
6 residence within the state of Idaho, and if the applicant is a partner-
7 ship, the names, places of residence and lengths of residence within the
8 state of Idaho of each partner, and, if the applicant is a corporation or
9 association, the date and place of incorporation or organization, the
10 location of its principal place of business in Idaho and the names and
11 places of residence of its officers, directors or members of its governing
12 board, and of the person who manages or will manage the business of sell-
13 ing beer at retail;
14 (b) The particular place for which the license is desired, designating
15 the same by a street and number, if practicable, or by such other apt
16 description as definitely locates such place, and the name of the owner of
17 the premises for which license is sought;
18 (2) The application shall affirmatively show:
19 (a) That the applicant is the bona fide owner of the business which will
20 be engaged in the sale of beer at retail and with respect to which license
21 is sought;
22 (b) That the condition of the place or building wherein it is proposed to
23 sell beer at retail conforms to all laws and regulations of the state of
24 Idaho and to the ordinances of the county and municipality applicable
25 thereto relating to public health and safety and to the zoning ordinances
26 of the municipality applicable thereto;
27 (c) That there is no stamp or permit outstanding and in force which has
28 been issued to any person by the United States government for the premises
29 for which license to sell beer at retail is sought which stamp or permit
30 denotes payment of any special tax imposed by the United States government
31 on a retail dealer in liquor or wines, unless said premises are premises
32 for which a retail license for sale of liquor by-the-drink by the drink,
33 issued under the provisions of chapter 9, title 23, Idaho Code, is in
34 force and effect;
35 (d) That the individual applicant, or each partner of a partnership
36 applicant, or a corporation applicant or an association applicant is qual-
37 ified to do business within the state of Idaho;
38 (e) That the applicant, if an individual, is not less than nineteen (19)
39 years of age;
40 (f) That within three (3) years immediately preceding the date of filing
41 the application the applicant has not been convicted of, or has pending or
42 unresolved formal charges for, the violation of any law of the state of
43 Idaho, any other state, or of the United States, regulating, governing or
44 prohibiting the sale, manufacture, transportation or possession of alco-
45 holic beverages or intoxicating liquors, or, within said time, suffered
46 the forfeiture of a bond for failure to appear in answer to charges of any
47 such violation;
48 (g) That within five (5) years immediately preceding the date of filing
49 the application the applicant has not been convicted of, or has pending or
50 unresolved formal charges for, any felony or paid any fine or completed
51 any sentence of confinement therefor within said time;
52 (h) That within three (3) years next preceding the date of filing said
53 application the applicant has not had any license provided for herein, or
54 any license or permit issued to the applicant pursuant to the law of this
55 state, or any other state, or of the United States, to sell, manufacture,
4
1 transport or possess alcoholic beverages or intoxicating liquors, revoked.
2 (3) The affirmative showing required with respect to an applicant under
3 paragraphs (e), (f), (g), and (h) of subsection (2) of this section shall also
4 be required to be made with respect to each partner of a partnership applicant
5 and to each incumbent officer, director or member of the governing board of a
6 corporation or association applicant.
7 (4) The application must be subscribed and sworn to by the individual
8 applicant, or by a partner of a partnership applicant, or by an officer or
9 manager of a corporation or association applicant, before a notary public or
10 other person authorized by law to administer oaths.
11 (5) If an applicant shall be unable to make any affirmative showing
12 required in this section or if an application shall contain a false material
13 statement, knowingly made, the same shall constitute a disqualification for
14 license and license shall be refused. If license is received on any applica-
15 tion containing a false material statement, knowingly made, such license shall
16 be revoked. If at any time during the period for which license is issued a
17 licensee becomes unable to make the affirmative showings required by this sec-
18 tion license shall be revoked, or, if disqualification can be removed, the
19 license shall be suspended until the same shall be removed. The procedure to
20 be followed upon refusal, revocation or suspension of license as herein pro-
21 vided for shall be in accordance with the procedure set forth in this act.
22 (6) All licenses issued hereunder shall expire at 1:00 o'clock A.M. on
23 January 1 of the following year and shall be subject to renewal upon proper
24 application.
25 SECTION 4. That Section 23-1024, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 23-1024. FALSE REPRESENTATION AS BEING TWENTY-ONE OR MORE YEARS OF AGE A
28 MISDEMEANOR. Any person under the age of twenty-one (21) years who shall by
29 any means represent to any person licensed to sell liquor, beer or wine at
30 retail or wholesale, or to any agent or employee of such retail or wholesale
31 licensee, that he or she is twenty-one (21) or more years of age for the pur-
32 pose of entering licensed premises or inducing such retail or wholesale licen-
33 see, his agent or employee, to sell, serve or dispense liquor, beer or wine to
34 him or her shall be guilty of a misdemeanor.
35 Any person who shall by any means represent to any such retail or whole-
36 sale licensee, his agent or employee, that any other person is twenty-one (21)
37 or more years of age, when in fact such other person is under the age of
38 twenty-one (21) years, for the purpose of entering licensed premises or induc-
39 ing such retail or wholesale licensee, his agent or employee, to sell, serve
40 or dispense liquor, beer or wine to such other person, shall be guilty of a
41 misdemeanor.
42 SECTION 5. That Section 23-1308A, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 23-1308A. QUALIFICATIONS FOR WINERY LICENSE. No winery license shall be
45 issued to an applicant who at the time of making the application:
46 (a) Has not executed an agreement in writing with the director that such
47 winery and every person employed by it or acting as its agents other than dis-
48 tributors and retailers, will faithfully comply with and observe all the pro-
49 visions of the laws of the state of Idaho relating to the manufacturing, sale
50 and distribution of wine and all rules and regulations adopted by the director
51 pursuant to this act;
5
1 (b) Has had a winery license, a wine distributor's license, retail wine
2 license, wine by-the-drink by the drink license or wine importer's license,
3 revoked by the director within three (3) years from the date of making such
4 application;
5 (c) Has been convicted of, or has pending or unresolved formal charges
6 for, a violation of the laws of this state or of the United States governing
7 the sale of alcoholic beverages, wine, or beer, within three (3) years from
8 the date of making such application;
9 (d) Has been convicted of, or has pending or unresolved formal charges
10 for, a felony or been granted a withheld judgment following an adjudication of
11 guilt of a felony within five (5) years from the date of making such applica-
12 tion.
13 SECTION 6. 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.
STATEMENT OF PURPOSE
RS 09423C2
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 police officers.
Specifically, this legislation closes a loophole in the law by adding legal
restrictions for those qualified to be issued licenses to sell alcoholic beverages.
Some individuals have criminal charges which have not been concluded at the
time they make application for licenses. This legislation adds the term "found
guilty" or "has pending or has unresolved formal charges" to those individuals
who are not eligible for a license to sell alcoholic beverages. The Legislation also
makes the alcohol beverage terminology used in the code consistent between
sections.
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 Bill No. S 1415