2000 Legislation
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SENATE BILL NO. 1531, As Amended in the House – Alcohol, license premises, under 21

SENATE BILL NO. 1531, As Amended in the House

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Daily Data Tracking History



S1531aaH...................................................by STATE AFFAIRS
ALCOHOL - Amends existing law to clarify restrictions on persons under the
age of twenty-one years from entering and remaining at certain licensed
premises.
                                                                        
02/29    Senate intro - 1st rdg - to printing
03/01    Rpt prt - to St Aff
03/07    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 31-0-4
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Danielson, Davis, Deide, Dunklin, Frasure, Hawkins, Ingram, Ipsen,
      Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson,
      Riggs, Risch, Schroeder, Sorensen, Stegner, Stennett, Thorne,
      Wheeler, Whitworth, Williams
      NAYS--None
      Absent and excused--Crow, Darrington, Geddes, Sandy
    Floor Sponsor - Danielson
    Title apvd - to House
03/15    House intro - 1st rdg - to St Aff
03/23    Rpt out - to Gen Ord
03/27    Rpt out amen - to 1st rdg as amen
03/28    1st rdg - to 2nd rdg as amen
03/29    2nd rdg - to 3rd rdg as amen
03/30    3rd rdg as amen - PASSED - 55-0-15
      AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Campbell,
      Chase, Cheirrett, Clark, Deal, Denney, Ellsworth, Field(13),
      Field(20), Hadley, Hammond, Hansen(23), Hansen(29), Henbest,
      Hornbeck, Jaquet, Jones(Jones), Judd, Kempton, Kendell, Kunz,
      Loertscher, Marley, McKague, Meyer, Montgomery, Mortensen, Moss,
      Pearce, Pischner, Pomeroy, Reynolds, Ringo, Robison, Sali, Schaefer,
      Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone,
      Tilman, Trail, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Barrett, Bruneel, Callister, Crow, Cuddy,
      Gagner, Geddes, Gould, Kellogg, Lake, Linford, Mader, Moyle,,
      Ridinger, Taylor
    Floor Sponsor - Stone
    Title apvd - to Senate
03/31    Senate concurred in House amens - to engros
04/03    Rpt engros - 1st rdg - to 2nd rdg as amen
04/04    2nd rdg - to 3rd rdg as amen
04/05    3rd rdg as amen - PASSED - 34-0-1
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Walton, Wheeler, Whitworth, Williams
      NAYS--None
      Absent and excused--Crow
    Floor Sponsor - Danielson
    Title apvd - to enrol
    Rpt enrol - Pres signed - Sp signed
04/06    To Governor
04/14    Governor signed
         Session Law Chapter 361
         Effective: 04/14/00

Bill Text


 S1531
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                       SENATE BILL NO. 1531, As Amended in the House
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PREMISES LICENSED TO SELL ALCOHOLIC  BEVERAGES;  AMENDING  SECTION
  3        23-944,  IDAHO  CODE,  TO CLARIFY RESTRICTIONS ON PERSONS UNDER THE AGE OF
  4        TWENTY-ONE FROM ENTERING AND REMAINING AT CERTAIN  LICENSED  PREMISES,  TO
  5        PROVIDE THAT IT IS LAWFUL FOR PERSONS UNDER THE AGE OF TWENTY-ONE YEARS TO
  6        ENTER  AND REMAIN IN CERTAIN LOCATIONS PROVIDED ACTIVITIES, SHOWS, EXHIBI-
  7        TIONS, PERFORMANCES OR EVENTS ARE LAWFUL AND TO MAKE A  TECHNICAL  CORREC-
  8        TION; AND DECLARING AN EMERGENCY.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section  23-944, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        23-944.  EXCEPTIONS FROM RESTRICTION ON ENTERING OR  REMAINING.  It  shall
 13    not  be  unlawful  for,  nor shall section 23-943, Idaho Code, be construed to
 14    restrict, any person under the age of twenty-one (21) years from  entering  or
 15    being:
 16        (1)  upon  the  premises  of  any restaurant, as herein defined, or in any
 17    railroad observation or club car or any airplane of a commercial airline, not-
 18    withstanding that such premises may also be licensed for the sale of liquor by
 19    the drink or for the sale of beer for consumption  on  the  premises  or  that
 20    alcohol  beverages,  or  beer,  or  both, are prepared, mixed or dispensed and
 21    served and consumed therein.
 22        (2)  in any building, a part or portions of which is used as a  place,  as
 23    herein  defined,  provided  such  place  is  separated or partitioned from the
 24    remainder of said building and access to  such  place  through  a  doorway  or
 25    doorways  or other means of ingress can be controlled to prevent persons under
 26    the ages specified with respect thereto in section 23-943,  Idaho  Code,  from
 27    entering therein.
 28        (3)  in  any  baseball park, sports arena, convention center, multipurpose
 29    arena or fairgrounds,  notwithstanding  that  such  premises  or  any  portion
 30    thereof  may be licensed for the sale of liquor by the drink, wine or beer for
 31    consumption on the premises or that beer is such products  are  dispensed  and
 32    served  and  consumed  therein;  provided,  that  the  person under the age of
 33    twenty-one (21) years is attending a lawful activity, show,  exhibition,  per-
 34    formance  or event on the premises or is required to be present as a condition
 35    of his employment. It is lawful for persons under the age of  twenty-one  (21)
 36    years to enter and remain in a baseball park, sports arena, convention center,
 37    multipurpose  arena  or fairgrounds so long as the activity, show, exhibition,
 38    performance or event is lawful and the person does not violate section 23-949,
 39    Idaho Code.
 40        (4)  upon the premises of any licensed winery  notwithstanding  that  such
 41    premises  or  any portion thereof may also be licensed for the sale of beer or
 42    wine for consumption on the premises or that wine is dispensed and served  and
 43    consumed therein.
                                                                        
                                           2
                                                                        
  1        (5)  upon the licensed premises of a wine retailer, wholly owned and oper-
  2    ated  by a licensed winery which retails exclusively the products of that win-
  3    ery.
  4        (6)  at a location, other than a liquor, beer, or wine licensed  premises,
  5    authorized  to serve alcohol beverages under a valid alcohol beverage catering
  6    permit.
                                                                        
  7        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
  8    declared to exist, this act shall be in full force and effect on and after its
  9    passage and approval.

Amendment


 AS1531
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Callister           
                                                                        
                                                     Seconded by Moss                
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO S.B. NO. 1531
                                                                        
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, in line 29, delete ". Nor shall  this  sec-
  3    tion  be  construed  to restrict", delete lines 30 through 33,  and insert: ";
  4    provided, that the person under the age of twenty-one (21) years is  attending
  5    a  lawful  activity, show, exhibition, performance or event on the premises or
  6    is required to be present as a condition of his employment. It is  lawful  for
  7    persons  under the age of twenty-one (21) years to enter and remain in a base-
  8    ball park, sports arena, convention center, multipurpose arena or  fairgrounds
  9    so  long as the activity, show, exhibition, performance or event is lawful and
 10    the person does not violate section 23-949, Idaho Code.".
                                                                        
 11                                 CORRECTION TO TITLE
 12        On page 1, in line 4, following "PREMISES" insert: ", TO PROVIDE  THAT  IT
 13    IS LAWFUL FOR PERSONS UNDER THE AGE OF TWENTY-ONE YEARS TO ENTER AND REMAIN IN
 14    CERTAIN  LOCATIONS  PROVIDED  ACTIVITIES,  SHOWS, EXHIBITIONS, PERFORMANCES OR
 15    EVENTS ARE LAWFUL".

Statement of Purpose / Fiscal Impact


                STATEMENT OF PURPOSE 
                      RS 10154 
     
          This legislation clarifies existing law relating to persons under the age of
     21 being allowed on premises licensed for the sale of alcohol beverages. Among
     other places, present law permits persons under the age of 21 to be on the
     premises of a fairground, sports arena, or baseball park. However, the Bureau of
     Alcohol Beverage Control  has expressed concerns about whether the present law
     permits under-age persons to be on those premises during special events, such as
     concerts, trade shows, or various events sponsored by charitable or political
     organizations. 
          This legislation permits persons under the age of 21 to be on those
     premises so long as the fairgrounds, sports arena or baseball park is being used for
     a lawful purpose. In addition, the legislation adds convention centers and other
     multi-purpose arenas to the statutory list of permitted premises, which would
     include such places as the Boise Centre on the Grove, the Idaho Center, or the
     Nampa Civic Center. 
          The proposal has the approval of the Bureau of Alcohol Beverage Control. 
     
     
     
                     FISCAL NOTE
     
     There is no fiscal impact. 
     
     
     
     
                    CONTACT:       Bill Roden 
               Jeremy Pisca 
               Multi-Purpose Arena Association of Idaho
               Telephone: 336-7930 
     
                                                       STATEMENT OF PURPOSE/ FISCAL NOTE                   S1531