View Daily Data Tracking History
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
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 - 2001IN 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 Ifhethe 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 rulesand regulationspromulgated 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 insubparagraphsubsection (b)hereofof 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 andregulationsrules 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 liquorby-the-drinkby 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 rulesand regulations2 adopted by the director pursuant to this act; 3 (b) Has had a winery license, a wine distributor's license, retail wine 4 license, wineby-the-drinkby 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 - 2001Moved 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 - 2001IN 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. Ifhethe 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 rulesand regulationspromulgated 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 insubparagraphsubsection (b)hereofof 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 andregulationsrules 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 liquorby-the-drinkby 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 rulesand regulations6 adopted by the director pursuant to this act; 7 (b) Has had a winery license, a wine distributor's license, retail wine 8 license, wineby-the-drinkby 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