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S1014aa..............................................by JUDICIARY AND RULES
ALCOHOL BEVERAGE LICENSES - Amends existing law to provide that
investigations relating to applications for retail liquor licenses,
brewers' licenses, beer dealers' licenses, beer wholesalers' licenses,
licenses to sell beer at retail, retail wine licenses, wine by the drink
licenses, wine distributor's licenses and winery licenses shall include
fingerprint-based criminal history checks; and to provide for the
submission of fingerprints and fees for such investigations.
01/16 Senate intro - 1st rdg - to printing
01/17 Rpt prt - to Jud
01/30 Rpt out - to 14th Ord
03/01 Rpt out amen - to engros
03/02 Rpt engros - 1st rdg - to 2nd rdg as amen
03/05 2nd rdg - to 3rd rdg as amen
03/08 3rd rdg as amen - PASSED - 27-3-5
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ipsen, Lee, Lodge, Richardson, Risch, Sandy,
Schroeder, Sorensen, Stegner, Thorne, Whitworth, Williams,
NAYS -- Ingram, Keough, Sims
Absent and excused -- Deide, King-Barrutia, Noh, Stennet, Wheeler
Floor Sponsor -- Davis
Title apvd - to House
03/09 House intro - 1st rdg - to Jud
03/20 Rpt out - rec d/p - to 2nd rdg as amen
03/21 2nd rdg - to 3rd rdg as amen
03/26 3rd rdg as amen - PASSED - 55-7-8
AYES -- Barraclough, Bedke, Bell, Bieter, Black, Boe, Bolz,
Callister, Chase, Clark, Collins, Deal, Denney, Ellsworth, Eskridge,
Field(13), Field(20), Gagner, Gould, Hammond, Hansen, Harwood,
Henbest(Farley), Higgins, Jaquet, Jones, Kellogg, Kendell, Kunz,
Lake, Langford, Mader, Marley, Meyer, Montgomery, Mortensen, Moss,
Moyle, Pearce, Pomeroy, Raybould, Roberts, Robison, Schaefer,
Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Tilman, Trail,
Wood, Young, Mr. Speaker
NAYS -- Barrett, Campbell, Cuddy, Ellis, Hornbeck, McKague, Ridinger
Absent and excused -- Bradford, Bruneel, Crow, Hadley, Loertscher,
Pischner, Sali, Wheeler
Floor Sponsor -- Young
Title apvd - to Senate
03/28 To enrol
Rpt enrol - Pres signed
03/29 Sp signed - to Governor
04/02 Governor signed
Session Law Chapter 284
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1014
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO CRIMINAL HISTORY CHECKS; AMENDING SECTION 23-907, IDAHO CODE, TO
3 PROVIDE THAT INVESTIGATIONS RELATING TO APPLICATIONS FOR RETAIL LIQUOR
4 LICENSES SHALL INCLUDE FINGERPRINT-BASED CRIMINAL HISTORY CHECKS, TO PRO-
5 VIDE FOR THE SUBMISSION OF FINGERPRINTS AND FEES FOR SUCH INVESTIGATIONS
6 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 23-1003, IDAHO CODE,
7 TO PROVIDE THAT INVESTIGATIONS RELATING TO APPLICATIONS FOR BREWERS',
8 DEALERS' AND WHOLESALERS' LICENSES SHALL INCLUDE FINGERPRINT-BASED CRIMI-
9 NAL HISTORY CHECKS, TO PROVIDE FOR THE SUBMISSION OF FINGERPRINTS AND FEES
10 FOR SUCH INVESTIGATIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC-
11 TION 23-1010, IDAHO CODE, TO PROVIDE THAT INVESTIGATIONS RELATING TO
12 APPLICATIONS FOR LICENSES TO SELL BEER AT RETAIL SHALL INCLUDE
13 FINGERPRINT-BASED CRIMINAL HISTORY CHECKS, TO PROVIDE FOR THE SUBMISSION
14 OF FINGERPRINTS AND FEES FOR SUCH INVESTIGATIONS AND TO MAKE TECHNICAL
15 CORRECTIONS; AMENDING SECTION 23-1307, IDAHO CODE, TO PROVIDE THAT INVES-
16 TIGATIONS RELATING TO APPLICATIONS FOR RETAIL WINE LICENSES, WINE BY THE
17 DRINK LICENSES AND WINE DISTRIBUTOR'S LICENSES SHALL INCLUDE FINGERPRINT-
18 BASED CRIMINAL HISTORY CHECKS, TO PROVIDE FOR THE SUBMISSION OF
19 FINGERPRINTS AND FEES FOR SUCH INVESTIGATIONS AND TO MAKE TECHNICAL COR-
20 RECTIONS; AND AMENDING SECTION 23-1308A, IDAHO CODE, TO PROVIDE THAT
21 INVESTIGATIONS RELATING TO APPLICATIONS FOR WINERY LICENSES SHALL INCLUDE
22 FINGERPRINT-BASED CRIMINAL HISTORY CHECKS, TO PROVIDE FOR THE SUBMISSION
23 OF FINGERPRINTS AND FEES FOR SUCH INVESTIGATIONS AND TO MAKE TECHNICAL
24 CORRECTIONS.
25 Be It Enacted by the Legislature of the State of Idaho:
26 SECTION 1. That Section 23-907, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 23-907. INVESTIGATION OF APPLICATIONS. Upon receipt of an application for
29 a license under this act, accompanied by the necessary license fee, the direc-
30 tor, within ninety (90) days thereafter, shall cause to be made a thorough
31 investigation of all matters pertaining thereto. The investigation shall
32 include a fingerprint-based criminal history check of the Idaho central crimi-
33 nal history database and the federal bureau of investigation criminal history
34 database. The applicant shall submit a full set of fingerprints and the fee to
35 cover the cost of the criminal history background check with the application.
36 If he the director shall determine that the contents of the application are
37 true, that such applicant is qualified to receive a license, that his premises
38 are suitable for the carrying on of the business, and that the requirements of
39 this act and the rules and regulations promulgated by the director are met and
40 complied with, he shall issue such license; otherwise the application shall be
41 denied and the license fee, less the costs and expenses of investigation,
42 returned to the applicant.
43 In making the investigation required by this section the director shall
2
1 have the power to investigate and examine the books and records of the licen-
2 see and any person having a financial interest in any business to be conducted
3 on the licensed premises, including, but not limited to, their bank accounts,
4 returns filed under the Idaho Property Relief Act, 1931, as amended, and any
5 other sources of information deemed desirable by the director and not specifi-
6 cally prohibited by law.
7 SECTION 2. That Section 23-1003, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 23-1003. BREWERS', DEALERS' AND WHOLESALERS' LICENSES. (a) Before any
10 brewer shall manufacture, or any dealer or wholesaler import or sell, beer
11 within the state of Idaho he shall apply to the director for a license so to
12 do. The application form shall be prescribed and furnished by the director and
13 require that the applicant therein show that he possesses all the qualifica-
14 tions and none of the disqualifications of a licensee. To determine qualifica-
15 tion for a license, the director shall cause an investigation which shall
16 include a fingerprint-based criminal history check of the Idaho central crimi-
17 nal history database and the federal bureau of investigation criminal history
18 database. The applicant shall submit a full set of fingerprints and the fee to
19 cover the cost of the criminal history background check with the application.
20 The application shall also be accompanied by the required licensee fee; pro-
21 vided, that where the applicant is or will be within more than one (1) of the
22 foregoing classifications he shall apply for each classification but shall pay
23 only one (1) license fee, which shall be for the classification applied for
24 requiring the highest fee. If the director is satisfied that the applicant
25 possesses the qualifications and none of the disqualifications for such
26 license, he shall issue a license for each classification applied for, subject
27 to the restrictions and upon the conditions in this act specified, which
28 license or licenses shall be at all times prominently displayed in the place
29 of business of the licensee.
30 (b) Each wholesaler shall, in addition to the application, file with the
31 director a notice in writing signed by the dealer or brewer and the wholesaler
32 stating the geographic territory within which the wholesaler will distribute
33 beer to retailers. Said territory will be the territory agreed upon between
34 the dealer or brewer and the wholesaler and may not be changed or modified
35 without the consent of both the dealer or brewer and the wholesaler. Provided
36 however, nothing contained herein shall be interpreted to prohibit a brewer or
37 dealer from permitting more than one (1) distributor for the same geographic
38 territory.
39 (c) In the event that a wholesaler sells beer to a retailer who is
40 located outside the geographical territory designated by such wholesaler on
41 the notice provided for in subparagraph subsection (b) hereof of this section,
42 the dealer or wholesaler who has designated the geographical territory in
43 which the sale occurred may apply to a district court of this state for the
44 issuance of an injunction enjoining sales of beer by the wholesaler outside of
45 his designated geographical territory. The procedure for issuance of an
46 injunction pursuant to this act shall be subject to the provisions of chapter
47 4, title 8, Idaho Code, and the Idaho Rules of Civil Procedure. Upon proof to
48 the court that a wholesaler has made a sale of beer outside his designated
49 geographical territory, the court shall issue an injunction directed to the
50 wholesaler prohibiting sales of beer outside his designated geographical ter-
51 ritory.
52 (d) Any brewer licensed within the state of Idaho who produces fewer than
53 thirty thousand (30,000) barrels of beer annually, upon payment of a
3
1 retailer's annual license fee, may be issued a brewer's retail beer license
2 for the retail sale of the products of his brewery at his licensed premises or
3 one (1) remote retail location, or both. Any brewer selling beer at retail or
4 selling to a retailer must pay the taxes required in section 23-1008, Idaho
5 Code, but need not be licensed as a wholesaler for the purpose of selling beer
6 at the brewery or at one (1) remote retail location.
7 (e) Any brewer licensed within the state of Idaho who produces fewer than
8 thirty thousand (30,000) barrels of beer annually, may be issued a brewer's
9 pub license. Upon payment of a retailer's annual license fee, and subject to
10 the fees in sections 23-1015 and 23-1016, Idaho Code, a brewer may, at his
11 licensed brewery, at one (1) remote retail location, or both, sell at retail
12 the products of any brewery by the individual bottle, can or glass. Any brewer
13 selling beer at retail or selling to a retailer must pay the taxes required in
14 section 23-1008, Idaho Code, on the products of his brewery, but need not be
15 licensed as a wholesaler for the purpose of selling beer at the brewery or at
16 one (1) remote retail location.
17 (f) A brewer licensed under the provisions of subsections (d) or (e) of
18 this section may be licensed as a wholesaler for the sale of beer to retailers
19 other than at the licensed brewery and one (1) remote retail location and
20 shall not be required to pay an additional fee therefor. Such brewer shall,
21 however, comply with and be subject to all other regulations or provisions of
22 law which apply to a wholesaler's license, save and except as such laws may
23 restrict such sales at the licensed brewery or one (1) other remote retail
24 location. The holder of a brew pub license shall not be disqualified from
25 holding a retail wine license or wine by the drink license for the sale of
26 wine at the brew pub premises on the grounds that said licensee is also
27 licensed as a wholesaler.
28 SECTION 3. That Section 23-1010, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 23-1010. LICENSE TO SELL BEER AT RETAIL -- APPLICATION PROCEDURE AND FORM
31 -- SHOWING OF ELIGIBILITY FOR LICENSE AND DISQUALIFICATIONS. (1) Every person
32 who shall apply for a state license to sell beer at retail shall tender the
33 license fee to, and file written application for license with, the director.
34 The application shall be on a form prescribed by the director which shall
35 require such information concerning the applicant, the premises for which
36 license is sought and the business to be conducted thereon by the applicant as
37 the director may deem necessary or advisable, and which shall enable the
38 director to determine that the applicant is eligible and has none of the dis-
39 qualifications for license, as provided for in this section. Such information
40 shall include the following:
41 (a) The name and place of residence of the applicant and length of his
42 residence within the state of Idaho, and if the applicant is a partner-
43 ship, the names, places of residence and lengths of residence within the
44 state of Idaho of each partner, and, if the applicant is a corporation or
45 association, the date and place of incorporation or organization, the
46 location of its principal place of business in Idaho and the names and
47 places of residence of its officers, directors or members of its governing
48 board, and of the person who manages or will manage the business of sell-
49 ing beer at retail;
50 (b) The particular place for which the license is desired, designating
51 the same by a street and number, if practicable, or by such other apt
52 description as definitely locates such place, and the name of the owner of
53 the premises for which license is sought;
4
1 (2) The application shall affirmatively show:
2 (a) That the applicant is the bona fide owner of the business which will
3 be engaged in the sale of beer at retail and with respect to which license
4 is sought;
5 (b) That the condition of the place or building wherein it is proposed to
6 sell beer at retail conforms to all laws and regulations rules of the
7 state of Idaho and to the ordinances of the county and municipality appli-
8 cable thereto relating to public health and safety and to the zoning ordi-
9 nances of the municipality applicable thereto;
10 (c) That there is no stamp or permit outstanding and in force which has
11 been issued to any person by the United States government for the premises
12 for which license to sell beer at retail is sought which stamp or permit
13 denotes payment of any special tax imposed by the United States government
14 on a retail dealer in liquor or wines, unless said premises are premises
15 for which a retail license for sale of liquor by-the-drink by the drink,
16 issued under the provisions of chapter 9, title 23, Idaho Code, is in
17 force and effect;
18 (d) That the individual applicant, or each partner of a partnership
19 applicant, or a corporation applicant or an association applicant is qual-
20 ified to do business within the state of Idaho;
21 (e) That the applicant, if an individual, is not less than nineteen (19)
22 years of age;
23 (f) That within three (3) years immediately preceding the date of filing
24 the application the applicant has not been convicted of the violation of
25 any law of the state of Idaho, any other state, or of the United States,
26 regulating, governing or prohibiting the sale, manufacture, transportation
27 or possession of alcoholic beverages or intoxicating liquors, or, within
28 said time, suffered the forfeiture of a bond for failure to appear in
29 answer to charges of any such violation;
30 (g) That within five (5) years immediately preceding the date of filing
31 the application the applicant has not been convicted of any felony or paid
32 any fine or completed any sentence of confinement therefor within said
33 time;
34 (h) That within three (3) years next preceding the date of filing said
35 application the applicant has not had any license provided for herein, or
36 any license or permit issued to the applicant pursuant to the law of this
37 state, or any other state, or of the United States, to sell, manufacture,
38 transport or possess alcoholic beverages or intoxicating liquors, revoked.
39 (3) To determine qualification for a license, the director shall also
40 cause an investigation which shall include a fingerprint-based criminal his-
41 tory check of the Idaho central criminal history database and the federal
42 bureau of investigation criminal history database. The applicant shall submit
43 a full set of fingerprints and the fee to cover the cost of the criminal his-
44 tory background check with the application.
45 (4) The affirmative showing required with respect to an applicant under
46 paragraphs (e), (f), (g), and (h) of subsection (2) of this section shall also
47 be required to be made with respect to each partner of a partnership applicant
48 and to each incumbent officer, director or member of the governing board of a
49 corporation or association applicant.
50 (45) The application must be subscribed and sworn to by the individual
51 applicant, or by a partner of a partnership applicant, or by an officer or
52 manager of a corporation or association applicant, before a notary public or
53 other person authorized by law to administer oaths.
54 (56) If an applicant shall be unable to make any affirmative showing
55 required in this section or if an application shall contain a false material
5
1 statement, knowingly made, the same shall constitute a disqualification for
2 license and license shall be refused. If license is received on any applica-
3 tion containing a false material statement, knowingly made, such license shall
4 be revoked. If at any time during the period for which license is issued a
5 licensee becomes unable to make the affirmative showings required by this sec-
6 tion, license shall be revoked, or, if disqualification can be removed, the
7 license shall be suspended until the same shall be removed. The procedure to
8 be followed upon refusal, revocation or suspension of license as herein pro-
9 vided for shall be in accordance with the procedure set forth in this act.
10 (67) All licenses issued hereunder shall expire at 1:00 o'clock A.M. on
11 January 1 of the following year and shall be subject to renewal upon proper
12 application.
13 SECTION 4. That Section 23-1307, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 23-1307. QUALIFICATIONS FOR RETAIL WINE LICENSE, WINE BY THE DRINK
16 LICENSE, AND DISTRIBUTOR'S LICENSE. (1) No retail wine license, wine by the
17 drink license, or wine distributor's license shall be issued to an applicant
18 who at the time of making the application:
19 (1a) If a corporation, has not qualified as required by law to do busi-
20 ness in the state of Idaho;
21 (2b) Has had a wine distributor's license, retail wine license, wine by
22 the drink license, or wine importer's license, revoked by the director
23 within three (3) years from the date of making such application;
24 (3c) Has been convicted of a violation of the laws of this state or of
25 the United States governing the sale of alcoholic beverages, wine, or
26 beer, within three (3) years from the date of making such application;
27 (4d) Has been convicted of a felony or been granted a withheld judgment
28 following an adjudication of guilt of a felony within five (5) years from
29 the date of making such application;
30 (5e) If an individual or partnership, either the individual or at least
31 one (1) of the partners of a partnership is not nineteen (19) years of age
32 or older;
33 (6f) If the application is for a retail wine license or wine by the drink
34 license, the director finds that the applicant does not possess a retail
35 beer license issued by the director, except that licensed wineries which
36 do not sell wine by the drink shall not be required to possess a retail
37 beer license as a prerequisite to a retail wine license.
38 (2) To determine qualification for a license, the director shall also
39 cause an investigation which shall include a fingerprint-based criminal his-
40 tory check of the Idaho central criminal history database and the federal
41 bureau of investigation criminal history database. The applicant shall submit
42 a full set of fingerprints and the fee to cover the cost of the criminal his-
43 tory background check with the application.
44 SECTION 5. That Section 23-1308A, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 23-1308A. QUALIFICATIONS FOR WINERY LICENSE. (1) No winery license shall
47 be issued to an applicant who at the time of making the application:
48 (a) Has not executed an agreement in writing with the director that such
49 winery and every person employed by it or acting as its agents other than
50 distributors and retailers, will faithfully comply with and observe all
51 the provisions of the laws of the state of Idaho relating to the manufac-
6
1 turing, sale and distribution of wine and all rules and regulations
2 adopted by the director pursuant to this act;
3 (b) Has had a winery license, a wine distributor's license, retail wine
4 license, wine by-the-drink by the drink license or wine importer's
5 license, revoked by the director within three (3) years from the date of
6 making such application;
7 (c) Has been convicted of a violation of the laws of this state or of the
8 United States governing the sale of alcoholic beverages, wine, or beer,
9 within three (3) years from the date of making such application;
10 (d) Has been convicted of a felony or been granted a withheld judgment
11 following an adjudication of guilt of a felony within five (5) years from
12 the date of making such application.
13 (2) To determine qualification for a license, the director shall cause an
14 investigation which shall include a fingerprint-based criminal history check
15 of the Idaho central criminal history database and the federal bureau of
16 investigation criminal history database. The applicant shall submit a full set
17 of fingerprints and the fee to cover the cost of the criminal history back-
18 ground check with the application.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Davis
Seconded by Stegner
IN THE SENATE
SENATE AMENDMENTS TO S.B. NO. 1014
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 34, delete "The" and insert: "Each
3 person listed as an"; also in line 34, following "applicant" insert: "on an
4 initial application"; and in line 35, following "check" insert: "for such per-
5 son".
6 AMENDMENTS TO SECTION 2
7 On page 2, in line 18, delete "The" and insert: "Each person listed as
8 an"; also in line 18, following "applicant" insert: "on an initial
9 application"; and in line 19, following "check" insert: "for such person".
10 AMENDMENTS TO SECTION 3
11 On page 4, in line 42, delete "The" and insert: "Each person listed as
12 an"; also in line 42, following "applicant" insert: "on an initial
13 application"; and in line 44, following "check" insert: "for such person".
14 AMENDMENTS TO SECTION 4
15 On page 5, in line 41, delete "The" and insert: "Each person listed as
16 an"; also in line 41, following "applicant" insert: "on an initial
17 application"; and in line 43, following "check" insert: "for such person".
18 AMENDMENTS TO SECTION 5
19 On page 6, in line 16, delete "The" and insert: "Each person listed as
20 an"; also in line 16, following "applicant" insert: "on an initial
21 application"; and in line 18, following "check" insert: "for such person".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1014, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO CRIMINAL HISTORY CHECKS; AMENDING SECTION 23-907, IDAHO CODE, TO
3 PROVIDE THAT INVESTIGATIONS RELATING TO APPLICATIONS FOR RETAIL LIQUOR
4 LICENSES SHALL INCLUDE FINGERPRINT-BASED CRIMINAL HISTORY CHECKS, TO PRO-
5 VIDE FOR THE SUBMISSION OF FINGERPRINTS AND FEES FOR SUCH INVESTIGATIONS
6 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 23-1003, IDAHO CODE,
7 TO PROVIDE THAT INVESTIGATIONS RELATING TO APPLICATIONS FOR BREWERS',
8 DEALERS' AND WHOLESALERS' LICENSES SHALL INCLUDE FINGERPRINT-BASED CRIMI-
9 NAL HISTORY CHECKS, TO PROVIDE FOR THE SUBMISSION OF FINGERPRINTS AND FEES
10 FOR SUCH INVESTIGATIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC-
11 TION 23-1010, IDAHO CODE, TO PROVIDE THAT INVESTIGATIONS RELATING TO
12 APPLICATIONS FOR LICENSES TO SELL BEER AT RETAIL SHALL INCLUDE
13 FINGERPRINT-BASED CRIMINAL HISTORY CHECKS, TO PROVIDE FOR THE SUBMISSION
14 OF FINGERPRINTS AND FEES FOR SUCH INVESTIGATIONS AND TO MAKE TECHNICAL
15 CORRECTIONS; AMENDING SECTION 23-1307, IDAHO CODE, TO PROVIDE THAT INVES-
16 TIGATIONS RELATING TO APPLICATIONS FOR RETAIL WINE LICENSES, WINE BY THE
17 DRINK LICENSES AND WINE DISTRIBUTOR'S LICENSES SHALL INCLUDE FINGERPRINT-
18 BASED CRIMINAL HISTORY CHECKS, TO PROVIDE FOR THE SUBMISSION OF
19 FINGERPRINTS AND FEES FOR SUCH INVESTIGATIONS AND TO MAKE TECHNICAL COR-
20 RECTIONS; AND AMENDING SECTION 23-1308A, IDAHO CODE, TO PROVIDE THAT
21 INVESTIGATIONS RELATING TO APPLICATIONS FOR WINERY LICENSES SHALL INCLUDE
22 FINGERPRINT-BASED CRIMINAL HISTORY CHECKS, TO PROVIDE FOR THE SUBMISSION
23 OF FINGERPRINTS AND FEES FOR SUCH INVESTIGATIONS AND TO MAKE TECHNICAL
24 CORRECTIONS.
25 Be It Enacted by the Legislature of the State of Idaho:
26 SECTION 1. That Section 23-907, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 23-907. INVESTIGATION OF APPLICATIONS. Upon receipt of an application for
29 a license under this act, accompanied by the necessary license fee, the direc-
30 tor, within ninety (90) days thereafter, shall cause to be made a thorough
31 investigation of all matters pertaining thereto. The investigation shall
32 include a fingerprint-based criminal history check of the Idaho central crimi-
33 nal history database and the federal bureau of investigation criminal history
34 database. Each person listed as an applicant on an initial application shall
35 submit a full set of fingerprints and the fee to cover the cost of the crimi-
36 nal history background check for such person with the application. If he the
37 director shall determine that the contents of the application are true, that
38 such applicant is qualified to receive a license, that his premises are suit-
39 able for the carrying on of the business, and that the requirements of this
40 act and the rules and regulations promulgated by the director are met and com-
41 plied with, he shall issue such license; otherwise the application shall be
42 denied and the license fee, less the costs and expenses of investigation,
43 returned to the applicant.
2
1 In making the investigation required by this section the director shall
2 have the power to investigate and examine the books and records of the licen-
3 see and any person having a financial interest in any business to be conducted
4 on the licensed premises, including, but not limited to, their bank accounts,
5 returns filed under the Idaho Property Relief Act, 1931, as amended, and any
6 other sources of information deemed desirable by the director and not specifi-
7 cally prohibited by law.
8 SECTION 2. That Section 23-1003, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 23-1003. BREWERS', DEALERS' AND WHOLESALERS' LICENSES. (a) Before any
11 brewer shall manufacture, or any dealer or wholesaler import or sell, beer
12 within the state of Idaho he shall apply to the director for a license so to
13 do. The application form shall be prescribed and furnished by the director and
14 require that the applicant therein show that he possesses all the qualifica-
15 tions and none of the disqualifications of a licensee. To determine qualifica-
16 tion for a license, the director shall cause an investigation which shall
17 include a fingerprint-based criminal history check of the Idaho central crimi-
18 nal history database and the federal bureau of investigation criminal history
19 database. Each person listed as an applicant on an initial application shall
20 submit a full set of fingerprints and the fee to cover the cost of the crimi-
21 nal history background check for such person with the application. The appli-
22 cation shall also be accompanied by the required licensee fee; provided, that
23 where the applicant is or will be within more than one (1) of the foregoing
24 classifications he shall apply for each classification but shall pay only one
25 (1) license fee, which shall be for the classification applied for requiring
26 the highest fee. If the director is satisfied that the applicant possesses the
27 qualifications and none of the disqualifications for such license, he shall
28 issue a license for each classification applied for, subject to the restric-
29 tions and upon the conditions in this act specified, which license or licenses
30 shall be at all times prominently displayed in the place of business of the
31 licensee.
32 (b) Each wholesaler shall, in addition to the application, file with the
33 director a notice in writing signed by the dealer or brewer and the wholesaler
34 stating the geographic territory within which the wholesaler will distribute
35 beer to retailers. Said territory will be the territory agreed upon between
36 the dealer or brewer and the wholesaler and may not be changed or modified
37 without the consent of both the dealer or brewer and the wholesaler. Provided
38 however, nothing contained herein shall be interpreted to prohibit a brewer or
39 dealer from permitting more than one (1) distributor for the same geographic
40 territory.
41 (c) In the event that a wholesaler sells beer to a retailer who is
42 located outside the geographical territory designated by such wholesaler on
43 the notice provided for in subparagraph subsection (b) hereof of this section,
44 the dealer or wholesaler who has designated the geographical territory in
45 which the sale occurred may apply to a district court of this state for the
46 issuance of an injunction enjoining sales of beer by the wholesaler outside of
47 his designated geographical territory. The procedure for issuance of an
48 injunction pursuant to this act shall be subject to the provisions of chapter
49 4, title 8, Idaho Code, and the Idaho Rules of Civil Procedure. Upon proof to
50 the court that a wholesaler has made a sale of beer outside his designated
51 geographical territory, the court shall issue an injunction directed to the
52 wholesaler prohibiting sales of beer outside his designated geographical ter-
53 ritory.
3
1 (d) Any brewer licensed within the state of Idaho who produces fewer than
2 thirty thousand (30,000) barrels of beer annually, upon payment of a
3 retailer's annual license fee, may be issued a brewer's retail beer license
4 for the retail sale of the products of his brewery at his licensed premises or
5 one (1) remote retail location, or both. Any brewer selling beer at retail or
6 selling to a retailer must pay the taxes required in section 23-1008, Idaho
7 Code, but need not be licensed as a wholesaler for the purpose of selling beer
8 at the brewery or at one (1) remote retail location.
9 (e) Any brewer licensed within the state of Idaho who produces fewer than
10 thirty thousand (30,000) barrels of beer annually, may be issued a brewer's
11 pub license. Upon payment of a retailer's annual license fee, and subject to
12 the fees in sections 23-1015 and 23-1016, Idaho Code, a brewer may, at his
13 licensed brewery, at one (1) remote retail location, or both, sell at retail
14 the products of any brewery by the individual bottle, can or glass. Any brewer
15 selling beer at retail or selling to a retailer must pay the taxes required in
16 section 23-1008, Idaho Code, on the products of his brewery, but need not be
17 licensed as a wholesaler for the purpose of selling beer at the brewery or at
18 one (1) remote retail location.
19 (f) A brewer licensed under the provisions of subsections (d) or (e) of
20 this section may be licensed as a wholesaler for the sale of beer to retailers
21 other than at the licensed brewery and one (1) remote retail location and
22 shall not be required to pay an additional fee therefor. Such brewer shall,
23 however, comply with and be subject to all other regulations or provisions of
24 law which apply to a wholesaler's license, save and except as such laws may
25 restrict such sales at the licensed brewery or one (1) other remote retail
26 location. The holder of a brew pub license shall not be disqualified from
27 holding a retail wine license or wine by the drink license for the sale of
28 wine at the brew pub premises on the grounds that said licensee is also
29 licensed as a wholesaler.
30 SECTION 3. That Section 23-1010, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 23-1010. LICENSE TO SELL BEER AT RETAIL -- APPLICATION PROCEDURE AND FORM
33 -- SHOWING OF ELIGIBILITY FOR LICENSE AND DISQUALIFICATIONS. (1) Every person
34 who shall apply for a state license to sell beer at retail shall tender the
35 license fee to, and file written application for license with, the director.
36 The application shall be on a form prescribed by the director which shall
37 require such information concerning the applicant, the premises for which
38 license is sought and the business to be conducted thereon by the applicant as
39 the director may deem necessary or advisable, and which shall enable the
40 director to determine that the applicant is eligible and has none of the dis-
41 qualifications for license, as provided for in this section. Such information
42 shall include the following:
43 (a) The name and place of residence of the applicant and length of his
44 residence within the state of Idaho, and if the applicant is a partner-
45 ship, the names, places of residence and lengths of residence within the
46 state of Idaho of each partner, and, if the applicant is a corporation or
47 association, the date and place of incorporation or organization, the
48 location of its principal place of business in Idaho and the names and
49 places of residence of its officers, directors or members of its governing
50 board, and of the person who manages or will manage the business of sell-
51 ing beer at retail;
52 (b) The particular place for which the license is desired, designating
53 the same by a street and number, if practicable, or by such other apt
4
1 description as definitely locates such place, and the name of the owner of
2 the premises for which license is sought;
3 (2) The application shall affirmatively show:
4 (a) That the applicant is the bona fide owner of the business which will
5 be engaged in the sale of beer at retail and with respect to which license
6 is sought;
7 (b) That the condition of the place or building wherein it is proposed to
8 sell beer at retail conforms to all laws and regulations rules of the
9 state of Idaho and to the ordinances of the county and municipality appli-
10 cable thereto relating to public health and safety and to the zoning ordi-
11 nances of the municipality applicable thereto;
12 (c) That there is no stamp or permit outstanding and in force which has
13 been issued to any person by the United States government for the premises
14 for which license to sell beer at retail is sought which stamp or permit
15 denotes payment of any special tax imposed by the United States government
16 on a retail dealer in liquor or wines, unless said premises are premises
17 for which a retail license for sale of liquor by-the-drink by the drink,
18 issued under the provisions of chapter 9, title 23, Idaho Code, is in
19 force and effect;
20 (d) That the individual applicant, or each partner of a partnership
21 applicant, or a corporation applicant or an association applicant is qual-
22 ified to do business within the state of Idaho;
23 (e) That the applicant, if an individual, is not less than nineteen (19)
24 years of age;
25 (f) That within three (3) years immediately preceding the date of filing
26 the application the applicant has not been convicted of the violation of
27 any law of the state of Idaho, any other state, or of the United States,
28 regulating, governing or prohibiting the sale, manufacture, transportation
29 or possession of alcoholic beverages or intoxicating liquors, or, within
30 said time, suffered the forfeiture of a bond for failure to appear in
31 answer to charges of any such violation;
32 (g) That within five (5) years immediately preceding the date of filing
33 the application the applicant has not been convicted of any felony or paid
34 any fine or completed any sentence of confinement therefor within said
35 time;
36 (h) That within three (3) years next preceding the date of filing said
37 application the applicant has not had any license provided for herein, or
38 any license or permit issued to the applicant pursuant to the law of this
39 state, or any other state, or of the United States, to sell, manufacture,
40 transport or possess alcoholic beverages or intoxicating liquors, revoked.
41 (3) To determine qualification for a license, the director shall also
42 cause an investigation which shall include a fingerprint-based criminal his-
43 tory check of the Idaho central criminal history database and the federal
44 bureau of investigation criminal history database. Each person listed as an
45 applicant on an initial application shall submit a full set of fingerprints
46 and the fee to cover the cost of the criminal history background check for
47 such person with the application.
48 (4) The affirmative showing required with respect to an applicant under
49 paragraphs (e), (f), (g), and (h) of subsection (2) of this section shall also
50 be required to be made with respect to each partner of a partnership applicant
51 and to each incumbent officer, director or member of the governing board of a
52 corporation or association applicant.
53 (45) The application must be subscribed and sworn to by the individual
54 applicant, or by a partner of a partnership applicant, or by an officer or
55 manager of a corporation or association applicant, before a notary public or
5
1 other person authorized by law to administer oaths.
2 (56) If an applicant shall be unable to make any affirmative showing
3 required in this section or if an application shall contain a false material
4 statement, knowingly made, the same shall constitute a disqualification for
5 license and license shall be refused. If license is received on any applica-
6 tion containing a false material statement, knowingly made, such license shall
7 be revoked. If at any time during the period for which license is issued a
8 licensee becomes unable to make the affirmative showings required by this sec-
9 tion, license shall be revoked, or, if disqualification can be removed, the
10 license shall be suspended until the same shall be removed. The procedure to
11 be followed upon refusal, revocation or suspension of license as herein pro-
12 vided for shall be in accordance with the procedure set forth in this act.
13 (67) All licenses issued hereunder shall expire at 1:00 o'clock A.M. on
14 January 1 of the following year and shall be subject to renewal upon proper
15 application.
16 SECTION 4. That Section 23-1307, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 23-1307. QUALIFICATIONS FOR RETAIL WINE LICENSE, WINE BY THE DRINK
19 LICENSE, AND DISTRIBUTOR'S LICENSE. (1) No retail wine license, wine by the
20 drink license, or wine distributor's license shall be issued to an applicant
21 who at the time of making the application:
22 (1a) If a corporation, has not qualified as required by law to do busi-
23 ness in the state of Idaho;
24 (2b) Has had a wine distributor's license, retail wine license, wine by
25 the drink license, or wine importer's license, revoked by the director
26 within three (3) years from the date of making such application;
27 (3c) Has been convicted of a violation of the laws of this state or of
28 the United States governing the sale of alcoholic beverages, wine, or
29 beer, within three (3) years from the date of making such application;
30 (4d) Has been convicted of a felony or been granted a withheld judgment
31 following an adjudication of guilt of a felony within five (5) years from
32 the date of making such application;
33 (5e) If an individual or partnership, either the individual or at least
34 one (1) of the partners of a partnership is not nineteen (19) years of age
35 or older;
36 (6f) If the application is for a retail wine license or wine by the drink
37 license, the director finds that the applicant does not possess a retail
38 beer license issued by the director, except that licensed wineries which
39 do not sell wine by the drink shall not be required to possess a retail
40 beer license as a prerequisite to a retail wine license.
41 (2) To determine qualification for a license, the director shall also
42 cause an investigation which shall include a fingerprint-based criminal his-
43 tory check of the Idaho central criminal history database and the federal
44 bureau of investigation criminal history database. Each person listed as an
45 applicant on an initial application shall submit a full set of fingerprints
46 and the fee to cover the cost of the criminal history background check for
47 such person with the application.
48 SECTION 5. That Section 23-1308A, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 23-1308A. QUALIFICATIONS FOR WINERY LICENSE. (1) No winery license shall
51 be issued to an applicant who at the time of making the application:
6
1 (a) Has not executed an agreement in writing with the director that such
2 winery and every person employed by it or acting as its agents other than
3 distributors and retailers, will faithfully comply with and observe all
4 the provisions of the laws of the state of Idaho relating to the manufac-
5 turing, sale and distribution of wine and all rules and regulations
6 adopted by the director pursuant to this act;
7 (b) Has had a winery license, a wine distributor's license, retail wine
8 license, wine by-the-drink by the drink license or wine importer's
9 license, revoked by the director within three (3) years from the date of
10 making such application;
11 (c) Has been convicted of a violation of the laws of this state or of the
12 United States governing the sale of alcoholic beverages, wine, or beer,
13 within three (3) years from the date of making such application;
14 (d) Has been convicted of a felony or been granted a withheld judgment
15 following an adjudication of guilt of a felony within five (5) years from
16 the date of making such application.
17 (2) To determine qualification for a license, the director shall cause an
18 investigation which shall include a fingerprint-based criminal history check
19 of the Idaho central criminal history database and the federal bureau of
20 investigation criminal history database. Each person listed as an applicant on
21 an initial application shall submit a full set of fingerprints and the fee to
22 cover the cost of the criminal history background check for such person with
23 the application.
STATEMENT OF PURPOSE
RS10556
Idaho Code 23-910 Persons not qualified to be licensed gives the Director of the Idaho State
Police the
authority to deny an alcohol beverage license to applicants who have violated certain state or
federal laws
within five years prior to the application for an alcohol beverage license. However, the
Alcohol Beverage
Control (ABC) office lacks the authority under law to conduct criminal history records
searches of the national
database, for licensing purposes. This proposal gives the ABC office the authority, in Idaho
Code section 23-
907 Investigation of applications, to include in the licensing background investigation a
fingerprint based
criminal history check of the Idaho Central Criminal History database and the Federal Bureau
of Investigation
Criminal History database.
FISCAL NOTE
In CY 1999, the Alcohol Beverage Control office processed one
thousand, three hundred (1,300) limited background
investigations on new licensees. If a fingerprint based
background check were conducted for each named party for a new
license at a cost of thirty-four dollars ($34.00), the
activity would generate forty-four thousand, two hundred
dollars ($44,200).
These funds are deposited into the Miscellaneous Revenue fund. The
Federal Bureau of Investigation (FBI) bills the Idaho State Police twenty-
four dollars ($24.00) for each fingerprint card it processes. The FBI
rebates to the state two dollars ($2.00) of the charge to offset the costs
for centralization of collection and payment. Idaho Code
67-3010 authorizes the Bureau of Criminal Identification (BCI) to
separately charge a fee set by rule, currently ten dollars ($10.00) per
fingerprint card to cover personnel and administration costs. The FBI
charge of twenty-four dollars ($24.00) plus the BCI charge of ten dollars
($10.00) comprise the total charge to the licensees of thirty-four dollars
($34.00).
This legislation will have no impact to the general fund.
Contact:
Name: Ann Thompson, Idaho State Police
Phone: (208) 884-7000
Statement of Purpose/Fiscal Note Bill No. S1014