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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 - 2001
IN 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'clock Aa.Mm. on Janu-
27 ary 1st the first day of the following year and renewal 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 before January 1st the
37 first day of the following 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 before January 1st the first day of the
40 following year designated renewal month shall have a grace period of an addi-
41 tional thirty-one (31) days in which to file an application for renewal of his
42 the license. and during which time he The 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 ten per cent per-
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 fifty per cent percent (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 and regulations rules 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 liquor by-the-drink by 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 licenses issued hereunder shall expire at 1:00 o'clock Aa.Mm. on
29 January 1 the first day of the following year renewal 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 this act chapter shall expire at one 1:00 o'clock Aa.Mm.
50 on January 1st the first day of the year following the date of issuance of the
51 license renewal 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