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S1015......................................................by STATE AFFAIRS ALCOHOLIC BEVERAGES - Amends existing law to provide for expiration and renewal of liquor by the drink licenses; to provide for expiration and renewal of licenses to sell beer at retail; and to provide for expiration and renewal of licenses to manufacture, import, bottle, broker or possess for resale, or to distribute or sell wine. 01/16 Senate intro - 1st rdg - to printing 01/17 Rpt prt - to St Aff 01/23 Rpt out - rec d/p - to 2nd rdg 01/24 2nd rdg - to 3rd rdg 01/25 3rd rdg - PASSED - 31-0-4 AYES -- Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Goedde, Hawkins, Ingram, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS -- None Absent and excused -- Andreason, Branch, Geddes, Ipsen Floor Sponsor - Richardson Title apvd - to House 01/26 House intro - 1st rdg - to St Aff 02/14 Rpt out - rec d/p - to 2nd rdg 02/15 2nd rdg - to 3rd rdg 02/19 3rd rdg - PASSED - 67-0-3 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Bolz, Bradford, Bruneel, Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- None Absent and excused -- Boe, Callister, Pischner Floor Sponsor -- Hornbeck Title apvd - to Senate 02/20 To enrol 02/21 Pres signed 02/22 Sp signed 02/23 To Governor 03/01 Governor signed Session Law Chapter 30 Effective: 01/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1015 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ALCOHOLIC BEVERAGES; AMENDING SECTION 23-908, IDAHO CODE, TO PRO- 3 VIDE FOR EXPIRATION AND RENEWAL OF LIQUOR BY THE DRINK LICENSES AND TO 4 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 23-1010, IDAHO CODE, TO PRO- 5 VIDE FOR EXPIRATION AND RENEWAL OF LICENSES TO SELL BEER AT RETAIL AND TO 6 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 23-1316, IDAHO CODE, TO PRO- 7 VIDE FOR EXPIRATION AND RENEWAL OF LICENSES TO MANUFACTURE, IMPORT, BOT- 8 TLE, BROKER OR POSSESS FOR RESALE, DISTRIBUTE OR SELL WINE AND TO MAKE A 9 TECHNICAL CORRECTION; PROVIDING AN EFFECTIVE DATE AND PROVIDING APPLICA- 10 TION. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 23-908, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 23-908. FORM OF LICENSE -- AUTHORITY -- EXPIRATION -- LIMITATIONS. (1) 15 Every license issued under the provisions of this chapter shall set forth the 16 name of the person to whom issued, the location by street and number, or other 17 definite designation, of the premises, and such other information as the 18 director shall deem necessary. If issued to a partnership, the names of the 19 persons constituting such partnership shall be set forth in the application. 20 If issued to a corporation or association, the names of the principal officers 21 and the governing board shall be set forth in the application. Such license 22 shall be signed by the licensee and prominently displayed in the place of 23 business at all times. Every license issued under the provisions of this chap- 24 ter is separate and distinct and no person except the licensee therein named 25 except as herein otherwise provided, shall exercise any of the privileges 26 granted thereunder. All licenses shall expire at 1:00 o'clockAa.Mm. onJanu-27ary 1stthe first day of thefollowing year andrenewal month which shall be 28 determined by the director by administrative rule and shall be subject to 29 annual renewal upon proper application. The director will determine the 30 renewal month by county based on the number of current licenses within each 31 county, distributing renewals throughout the licensing year. The director may 32 adjust the renewal month to accommodate population increases. Each licensee 33 will be issued a temporary license to operate until their renewal month has 34 been determined. Thereafter, renewals will occur annually on their renewal 35 month. Renewal applications for liquor by the drink licenses accompanied by 36 the required fee must be filed with the director on or beforeJanuary 1stthe 37 first day of thefollowing year, provided, however,designated renewal month. 38 Aany licensee holding a valid license who fails to file an application for 39 renewal of his current license on or beforeJanuary 1stthe first day of the 40following yeardesignated renewal month shall have a grace period of an addi- 41 tional thirty-one (31) days in which to file an application for renewal ofhis42 the license.and during which time heThe licensee shall not be permitted to 43 sell and dispense liquor by the drink at retail during the thirty-one (31) day 2 1 extended time period unless and until the license is renewed. In any city of 2 less than sixteen thousand (16,000) population, as established in the last 3 preceding census or any subsequent special census conducted by the United 4 States bureau of the census, no person shall be granted more than one (1) 5 license in any city for any one (1) year; and no partnership, association or 6 corporation in such city of less than sixteen thousand (16,000) population 7 holding a license under the provisions of this chapter shall have as a member, 8 officer or stockholder any person who has any financial interest of any kind 9 in, or is a member of, another partnership or association or an officer of 10 another corporation holding a license in the same city for the same year; pro- 11 vided that this section shall not prevent any person, firm or corporation, 12 owning two (2) or more buildings on connected property in a city from making 13 application for and receiving licenses permitting the sale of liquor by the 14 drink in such building. 15 (2) An application to transfer any license issued pursuant to chapter 9, 16 title 23, Idaho Code, shall be made to the director. Upon receipt of such an 17 application, the director shall make the same investigation and determinations 18 with respect to the transferee as are required by section 23-907, Idaho Code, 19 and if the director shall determine that all of the conditions required of a 20 licensee under chapter 9, title 23, Idaho Code, have been met by the proposed 21 transferee, then the license shall be indorsed over to the proposed transferee 22 by said licensee for the remainder of the period for which such license has 23 been issued and the director shall issue a license to the transferee. 24 (3) The director, in his discretion, may deny the transfer of a license 25 during the pendancy of any proceedings for suspension or revocation which were 26 instituted pursuant to the terms of this chapter. 27 (4) Each new license issued on or after July 1, 1980, shall be placed 28 into actual use by the original licensee at the time of issuance and remain in 29 use for at least six (6) consecutive months or be forfeited to the state and 30 be eligible for issue to another person by the director after compliance with 31 the provisions of section 23-907, Idaho Code. Such license shall not be trans- 32 ferable for a period of two (2) years from the date of original issuance, 33 except as provided by subsection (5)(a), (b), (c), (d) or (e) of this section. 34 (5) The fee for transferring a liquor license shall be tenper centper- 35 cent (10%) of the purchase price of the liquor license or the cost of good 36 will, whichever is greater; except no fee shall be collected in the following 37 events: 38 (a) The transfer of a license between husband and wife in the event of a 39 property division; or 40 (b) The transfer of a license to a receiver, trustee in bankruptcy or 41 similar person or officer; or 42 (c) The transfer of a license to the heirs or personal representative of 43 the estate in the event of the death of the licensee; or 44 (d) The transfer of a license arising out of the dissolution of a part- 45 nership where the license is transferred to one (1) or more of the part- 46 ners; or 47 (e) The transfer of a license within a family whether an individual, 48 partnership or corporation. 49 (6) The fee for transferring a liquor license for other than a sale shall 50 be fiftyper centpercent (50%) of the per annum license fee set forth in sec- 51 tion 23-904, Idaho Code; except no fee shall be collected for transfers as 52 outlined in subsection (5)(a), (b), (c), (d),or (e) of this section. 53 SECTION 2. That Section 23-1010, Idaho Code, be, and the same is hereby 54 amended to read as follows: 3 1 23-1010. LICENSE TO SELL BEER AT RETAIL -- APPLICATION PROCEDURE AND FORM 2 -- SHOWING OF ELIGIBILITY FOR LICENSE AND DISQUALIFICATIONS. (1) Every person 3 who shall apply for a state license to sell beer at retail shall tender the 4 license fee to, and file written application for license with, the director. 5 The application shall be on a form prescribed by the director which shall 6 require such information concerning the applicant, the premises for which 7 license is sought and the business to be conducted thereon by the applicant as 8 the director may deem necessary or advisable, and which shall enable the 9 director to determine that the applicant is eligible and has none of the dis- 10 qualifications for license, as provided for in this section. Such information 11 shall include the following: 12 (a) The name and place of residence of the applicant and length of his 13 residence within the state of Idaho, and if the applicant is a partner- 14 ship, the names, places of residence and lengths of residence within the 15 state of Idaho of each partner, and, if the applicant is a corporation or 16 association, the date and place of incorporation or organization, the 17 location of its principal place of business in Idaho and the names and 18 places of residence of its officers, directors or members of its governing 19 board, and of the person who manages or will manage the business of sell- 20 ing beer at retail; 21 (b) The particular place for which the license is desired, designating 22 the same by a street and number, if practicable, or by such other apt 23 description as definitely locates such place, and the name of the owner of 24 the premises for which license is sought; 25 (2) The application shall affirmatively show: 26 (a) That the applicant is the bona fide owner of the business which will 27 be engaged in the sale of beer at retail and with respect to which license 28 is sought; 29 (b) That the condition of the place or building wherein it is proposed to 30 sell beer at retail conforms to all laws andregulationsrules of the 31 state of Idaho and to the ordinances of the county and municipality appli- 32 cable thereto relating to public health and safety and to the zoning ordi- 33 nances of the municipality applicable thereto; 34 (c) That there is no stamp or permit outstanding and in force which has 35 been issued to any person by the United States government for the premises 36 for which license to sell beer at retail is sought which stamp or permit 37 denotes payment of any special tax imposed by the United States government 38 on a retail dealer in liquor or wines, unless said premises are premises 39 for which a retail license for sale of liquorby-the-drinkby the drink, 40 issued under the provisions of chapter 9, title 23, Idaho Code, is in 41 force and effect; 42 (d) That the individual applicant, or each partner of a partnership 43 applicant, or a corporation applicant or an association applicant is qual- 44 ified to do business within the state of Idaho; 45 (e) That the applicant, if an individual, is not less than nineteen (19) 46 years of age; 47 (f) That within three (3) years immediately preceding the date of filing 48 the application the applicant has not been convicted of the violation of 49 any law of the state of Idaho, any other state, or of the United States, 50 regulating, governing or prohibiting the sale, manufacture, transportation 51 or possession of alcoholic beverages or intoxicating liquors, or, within 52 said time, suffered the forfeiture of a bond for failure to appear in 53 answer to charges of any such violation; 54 (g) That within five (5) years immediately preceding the date of filing 55 the application the applicant has not been convicted of any felony or paid 4 1 any fine or completed any sentence of confinement therefor within said 2 time; 3 (h) That within three (3) years next preceding the date of filing said 4 application the applicant has not had any license provided for herein, or 5 any license or permit issued to the applicant pursuant to the law of this 6 state, or any other state, or of the United States, to sell, manufacture, 7 transport or possess alcoholic beverages or intoxicating liquors, revoked. 8 (3) The affirmative showing required with respect to an applicant under 9 paragraphs (e), (f), (g),and (h) of subsection (2) of this section shall also 10 be required to be made with respect to each partner of a partnership applicant 11 and to each incumbent officer, director or member of the governing board of a 12 corporation or association applicant. 13 (4) The application must be subscribed and sworn to by the individual 14 applicant, or by a partner of a partnership applicant, or by an officer or 15 manager of a corporation or association applicant, before a notary public or 16 other person authorized by law to administer oaths. 17 (5) If an applicant shall be unable to make any affirmative showing 18 required in this section or if an application shall contain a false material 19 statement, knowingly made, the same shall constitute a disqualification for 20 license and license shall be refused. If license is received on any applica- 21 tion containing a false material statement, knowingly made, such license shall 22 be revoked. If at any time during the period for which license is issued a 23 licensee becomes unable to make the affirmative showings required by this sec- 24 tion, license shall be revoked, or, if disqualification can be removed, the 25 license shall be suspended until the same shall be removed. The procedure to 26 be followed upon refusal, revocation or suspension of license as herein pro- 27 vided for shall be in accordance with the procedure set forth in this act. 28 (6) All licensesissued hereundershall expire at 1:00 o'clockAa.Mm. on 29January 1the first day of thefollowing yearrenewal month which shall be 30 determined by the director by administrative rule and shall be subject to 31 annual renewal upon proper application. The director will determine the 32 renewal month by county based on the number of current licenses within each 33 county, distributing renewals throughout the licensing year. The director may 34 adjust the renewal month to accommodate population increases. Each licensee 35 will be issued a temporary license to operate until their renewal month has 36 been determined. Thereafter, renewals will occur annually on their renewal 37 month. Renewal applications for licenses accompanied by the required fee must 38 be filed with the director on or before the first day of the designated 39 renewal month. Any licensee holding a valid license who fails to file an 40 application for renewal of the current license on or before the first day of 41 the designated renewal month shall have a grace period of an additional 42 thirty-one (31) days in which to file an application for renewal of the 43 license. The licensee shall not be permitted to sell beer at retail during the 44 thirty-one (31) day extended time period unless and until the license is 45 renewed. 46 SECTION 3. That Section 23-1316, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 23-1316. EXPIRATION AND RENEWAL OF LICENSES. All licenses issued pursuant 49 to the provisions of thisactchapter shall expire atone1:00 o'clockAa.Mm. 50 onJanuary 1stthe first day of theyear following the date of issuance of the51licenserenewal month which shall be determined by the director by administra- 52 tive rule and shall be subject to annual renewal upon proper application. The 53 director will determine the renewal month by county based on the number of 5 1 current licenses within each county, distributing renewals throughout the 2 licensing year. The director may adjust the renewal month to accommodate popu- 3 lation increases. Each licensee will be issued a temporary license to operate 4 until their renewal month has been determined. Thereafter, renewals will occur 5 annually on their renewal month. Renewal applications for licenses accompanied 6 by the required fee must be filed with the director on or before the first 7 day of the designated renewal month. Any licensee holding a valid license who 8 fails to file an application for renewal of the current license on or before 9 the first day of the designated renewal month shall have a grace period of an 10 additional thirty-one (31) days in which to file an application for renewal of 11 the license. The licensee, however, shall not be permitted to engage in any 12 activity authorized by the license during the thirty-one (31) day extended 13 time period unless and until the license is renewed. Renewal of such licenses 14 shall be on forms prescribed and furnished by the issuing authority. The 15 renewal form shall be submitted, together with the required license fees, and 16 an affidavit verifying that the information contained in the original applica- 17 tion is unchanged, or if there are material changes, indicating such changes. 18 SECTION 4. This act shall be in full force and effect on and after Janu- 19 ary 1, 2002, and shall apply to all applications for licenses filed on and 20 after the effective date of this act.
STATEMENT OF PURPOSE RS 10628 The Idaho State Police Alcohol Beverage Control (ABC) Office currently licenses approximately 4,000 premises for retail sale of liquor, beer and wine. Idaho Code 23-908 states that: All licenses shall expire at 1:00 o'clock A.M. on January 1stof the following year and shall be subject to renewal upon proper application. Renewal applications for liquor by the drink licenses accompanied by the required fee must be filed on or before January 1st of the following year " The ABC office functions with 2.5 FTEs administrative staff. The current renewal cycle leads to high overtime hours accrued, and some avoidable errors. This proposal will stagger license renewals throughout the year, resulting in improved resource management and customer service from the ABC office without a staff increase. FISCAL NOTE This proposal becomes effective January 1, 2002. In fiscal year 2003, revenues to the general fund from alcohol beverage licenses will increase by approximately $27,000. This will be a one-time phenomenon, resulting from the initial pro-ration of license fees for the staggered licensing periods. Revenues will return to the average amount of slightly less than one million dollars annually, thereafter. CONTACT: Name: Ann Thompson. Policy, Planning and Budget Manager Agency: Idaho State Police Phone: (208) 884-7000 STATEMENT OF PURPOSE/FISCAL NOTE Bill No. S101