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S1068......................................................by STATE AFFAIRS
WINE - TABLE/DESSERT - Amends existing law to revise definitions; to
authorize the board of county commissioners of each county to permit the
sale of table wine and/or dessert wine; to provide for the issuance of
retail table wine and/or dessert wine licenses; to provide that the board
of county commissioners of each county may submit the question of the sale
of table wine and/or dessert wine to the electors; to provide a form for
petition by registered electors demanding the board of county commissioners
submit the question of permitting the sale of table and/or dessert wine at
retail to the electors; and to provide for a form of ballot.
02/06 Senate intro - 1st rdg - to printing
02/07 Rpt prt - to St Aff
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 18-14-3
AYES--Andreason, Branch(Bartlett), Boatright, Brandt, Danielson,
Deide, Dunklin, Goedde, Ingram, Keough, King-Barrutia, Lodge, Risch,
Schroeder, Sorensen, Stennett, Wheeler, Whitworth
NAYS--Bunderson, Burtenshaw, Cameron, Darrington, Davis, Frasure,
Geddes, Hawkins, Ipsen, Noh, Richardson, Sandy, Thorne, Williams
Absent and excused--Lee, Sims, Stegner
Floor Sponsors -- Sorensen, King-Barrutia, Stennett
Title apvd - to House
02/28 House intro - 1st rdg - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1068
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE COUNTY OPTION KITCHEN AND TABLE WINE ACT; AMENDING SECTION
3 23-1303, IDAHO CODE, TO REVISE DEFINITIONS AND TO MAKE TECHNICAL CORREC-
4 TIONS; AMENDING SECTION 23-1304, IDAHO CODE, TO AUTHORIZE THE BOARD OF
5 COUNTY COMMISSIONERS OF EACH COUNTY TO PERMIT THE SALE OF TABLE WINE
6 AND/OR DESSERT WINE, TO PROVIDE THAT THE BOARD OF COUNTY COMMISSIONERS OF
7 EACH COUNTY MAY ADOPT A RESOLUTION TO PROVIDE FOR THE SALE OF TABLE WINE
8 AND/OR DESSERT WINE, TO PROVIDE FOR THE ISSUANCE OF RETAIL TABLE WINE
9 AND/OR DESSERT WINE LICENSES, TO PROVIDE THAT THE BOARD OF COUNTY COMMIS-
10 SIONERS OF EACH COUNTY MAY SUBMIT THE QUESTION OF THE SALE OF TABLE WINE
11 AND/OR DESSERT WINE TO THE ELECTORS, TO PROVIDE A FORM FOR PETITION BY
12 REGISTERED ELECTORS DEMANDING THAT THE BOARD OF COUNTY COMMISSIONERS SUB-
13 MIT THE QUESTION OF PERMITTING THE SALE OF TABLE WINE AND/OR DESSERT WINE
14 AT RETAIL IN THE COUNTY TO THE ELECTORS, TO PROVIDE FOR A FORM OF BALLOT,
15 TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS.
16 Be It Enacted by the Legislature of the State of Idaho:
17 SECTION 1. That Section 23-1303, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 23-1303. DEFINITIONS. The following terms as used in this chapter are
20 hereby defined as follows:
21 (a) "Table wWine" shall mean any alcoholic beverage containing not more
22 than sixteen percent (16%) alcohol by volume obtained by the fermentation of
23 the natural sugar content of fruits or other agricultural products containing
24 sugar whether or not other ingredients are added.
25 (b) "Director" means the director of the Idaho state police.
26 (c) "Dessert wine" means any alcoholic beverage containing more than six-
27 teen percent (16%) alcohol by volume, but not exceeding twenty-one percent
28 (21%) alcohol by volume, obtained by the normal alcoholic fermentation of the
29 natural sugar content of grapes, fruit or berries, with or without the addi-
30 tion, after fermentation, of pure condensed must and with or without added
31 brandy or alcohol, whether or not other ingredients are added. Dessert wine
32 derived from grapes shall include only those wines designated pursuant to the
33 federal alcohol administration act as "sherry," "madeira," or "port." Dessert
34 wine derived from fruits or berries, other than grapes, shall only include
35 those wines designated as fruit dessert wine or berry dessert wine pursuant to
36 the federal alcohol administration act. Dessert wines as defined herein shall
37 not be deemed to be a spirit based beverage for the purposes of subsection (p)
38 of this section.
39 (d) "Retail table wine license" means a license issued by the director,
40 authorizing a person to sell table wine or dessert wine at retail for consump-
41 tion off the licensed premises.
42 (de) "Wine distributor's license" means a license issued by the director
43 to a person authorizing such person to distribute table wine and/or dessert
2
1 wine to retailers within the state of Idaho.
2 (ef) "Wine importer's license" means a license issued by the director to
3 a person authorizing such person to import table wine or dessert wine into the
4 state of Idaho and to sell and distribute such wines to a distributor.
5 (fg) "Retailer" means a person to whom a retail table wine license or a
6 retail dessert wine license has been issued.
7 (gh) "Distributor" means a person to whom a wine distributor's license
8 has been issued.
9 (hi) "Importer" means a person to whom a wine importer's license has been
10 issued.
11 (ij) "Winery" means a place, premises or establishment within the state
12 of Idaho for the manufacture or bottling of table wine or dessert wine for
13 sale.
14 (jk) "Winery license" means a license issued by the director authorizing
15 a person to maintain a winery.
16 (kl) "Vintner" means a person who manufactures, bottles, or sells table
17 wine or dessert wine to importers for resale within this state other than a
18 licensed "winery" as herein defined.
19 (lm) "Person" includes an individual, firm, copartnership, association,
20 corporation, or any group or combination acting as a unit, and includes the
21 plural as well as the singular unless the intent to give a more limited mean-
22 ing is disclosed by the context in which it is used.
23 (mn) "Wine by the drink license" means a license to sell table wine or
24 dessert wine by the individual glass or opened bottle at retail, for consump-
25 tion on the premises only.
26 (no) "Domestic produced product" means wine at least seventy-five percent
27 (75%) of which by volume is derived from fruit or agricultural products grown
28 in Idaho.
29 (op) "Low proof spirit beverages" means any alcoholic beverage containing
30 not more than fourteen percent (14%) alcohol by volume obtained by distilla-
31 tion mixed with drinkable water, fruit juices and/or other ingredients in
32 solution. These products shall be considered and taxed as wine. Spirit based
33 beverages exceeding fourteen percent (14%) alcohol by volume shall be consid-
34 ered as liquor and sold only through the state liquor dispensary system.
35 (pq) "Wine" includes table wine and dessert wine, unless the context
36 requires otherwise.
37 (r) All other words and phrases used in this chapter, the definition of
38 which is not herein given, shall be given their ordinary and commonly under-
39 stood and accepted meaning.
40 SECTION 2. That Section 23-1304, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 23-1304. COUNTY OPTION -- RESOLUTION OF COUNTY COMMISSIONERS -- ORDER FOR
43 ELECTION -- FORM OF BALLOT -- EFFECT OF ELECTION OR RESOLUTION. There is
44 hereby granted to the board of county commissioners of each of the several
45 counties of this state the right and authority to permit the sale of table
46 wine and/or dessert wine, as defined in this chapter, within the borders of
47 the several counties of this state, which may be exercised in the following
48 manner:
49 (a) the board of county commissioners of each county of this state may,
50 by resolution regularly adopted, provided that retail sale of table wine
51 and/or dessert wine, as defined in this chapter, shall be permitted within the
52 county, and upon a certification of such resolution to the director, a retail
53 table wine and/or dessert wine license shall thereafter be issued for premises
3
1 within such county so long as such resolution remains in effect; or
2 (b) the board of county commissioners of each of the several counties of
3 this state may submit the question of permitting the sale of table wine and/or
4 dessert wine at retail within the boundaries of the county to the electors of
5 the county.
6 The board of county commissioners may make an order calling an election to
7 be held, subject to the provisions of section 34-106, Idaho Code, within said
8 county in the manner provided by law for holding elections for county offi-
9 cers. All laws of the state of Idaho relating to the holding of elections for
10 county officers shall apply to the holdings of the election provided for in
11 this section, except where specifically modified herein.
12 Such election may also be called upon written petition of registered elec-
13 tors equal in number to twenty percent (20%) of the registered, qualified
14 electors of the county for the last general election under the following con-
15 ditions:
16 (a) The petition for such an election shall be in substantially the fol-
17 lowing form:
18 RETAIL WINE SALE PETITION
19 To the Honorable County Commissioners of the County of ...., State of
20 Idaho:
21 We, the undersigned citizens and registered, qualified electors of the
22 County of ...., respectfully demand that the Board of County Commissioners
23 submit the question of permitting the sale of table wine (and/or dessert wine)
24 at retail within the boundaries of the County of .... to the electors of the
25 county in the manner provided in section 23-1304, Idaho Code.
26 We, each for himself, say: I am a registered elector of the County of ....
27 and my residence, post office address, county, election precinct and the date
28 I signed this petition are correctly written after my name.
29 Name Residence Post Office County Election Precinct Date
30 (If in a city, street and number)
31 (Here follow twenty numbered lines for signatures)
32 (b) Before or at the time of beginning to circulate any petition for an
33 election to determine sale of table wine or dessert wine at retail, the person
34 or persons, organization or organizations, under whose authority the petition
35 is to be circulated, shall send or deliver to the county clerk a copy of such
36 petition duly signed by at least twenty (20) electors eligible to sign such
37 petition. The county clerk shall immediately examine the petition and specify
38 the form and kind and size of paper on which the petition shall be printed and
39 circulated for further signatures. All petitions and sheets for signatures
40 shall be printed on a good quality bond or ledger paper, on pages eight and
41 one-half (8 1/2) inches in width by thirteen (13) inches in length, with a
42 margin of one and three-fourths (1 3/4) inches at the top for binding, and the
43 sheets for signatures shall have numbered lines thereon from one (1) to twenty
44 (20) for signatures. The petition shall be prepared in sections, with each
45 section numbered consecutively. Each section of a petition must have a printed
46 copy of the petition as the first page, and each section shall have attached
47 to it not more than ten (10) sheets for signatures.
48 (c) The county clerk shall indicate in writing on the petition that he
49 has approved it as to form and the date of such approval. Upon approval as to
50 form, the county clerk shall inform the person or persons, organization or
51 organizations, under whose authority the petition is to be circulated, in
52 writing, that the petition must be perfected with the required number of sig-
53 natures within one hundred eighty (180) days following the date of approval as
4
1 to form. Any petition that has not been perfected with the required number of
2 certified signatures within the one hundred eighty (180) days allowed shall be
3 declared null and void ab initio in its entirety, except for the extension
4 allowed for in subsection (g) of this section.
5 (d) Each and every signature sheet of each petition containing signatures
6 shall be verified on the face thereof in substantially the following form by
7 the person who circulated said sheet of the petition, by his or her affidavit
8 thereon, as a part thereof:
9 State of Idaho
10 County of ....
11 I, ...., swear, under penalty of perjury, that every person who signed
12 this sheet of the foregoing petition signed his or her name thereto in my
13 presence. I believe that each has stated his or her name and the accompanying
14 required information on the signature sheet correctly, and that the person was
15 eligible to sign this petition.
16 ....(Signature)
17 ....Post Office Address
18 Subscribed and sworn to before me this .... day of ...., 1920...
19 (Notary Seal) .......................
20 (Notary Public)
21 Residing at .........
22 (e) All petitions with attached signature sheets shall be presented to
23 the county clerk on the same day and a cursory examination of the petitions
24 shall be made by him. The cursory examination shall be made to determine
25 whether the petitions apparently contain the necessary number of signatures.
26 If the total number of signatures on the petitions is not sufficient to sat-
27 isfy the number required by this law, all petitions with attached signature
28 sheets shall be returned to the person or organization attempting to file
29 them, and further signatures may be gathered. If the cursory examination of
30 the signature sheets reveals:
31 (1) erasures on any signature;
32 (2) illegible or unidentifiable signatures; or
33 (3) signatures not properly identified by all the information required on
34 the sheet,
35 the county clerk shall summarily reject such signature and such signatures
36 shall not be counted. Each rejected signature shall be drawn through with ink
37 and initialed by the county clerk or his deputy. If the total number of signa-
38 tures not rejected is not sufficient to satisfy the number required by law,
39 all petitions with attached signature sheets shall be returned to the person
40 or organization attempting to file them, and further signatures may be gath-
41 ered.
42 (f) All petitions presented to the county clerk found to apparently con-
43 tain the necessary number of signatures, after the cursory examination pro-
44 vided for in subsection (e) of this section, shall be filed with the county
45 clerk and become public records of the county not to be returned. The county
46 clerk shall examine each signature purported to be that of a registered elec-
47 tor and compare each such signature with the registration documents available
48 to him. The county clerk shall summarily reject all signatures which are not
49 the signatures of registered electors; and such rejected signatures shall not
50 be counted. Each rejected signature shall be drawn through with ink and ini-
51 tialed by the clerk or his deputy. The county clerk may take not to exceed
52 twenty (20) days after filing of the petition to complete his examination. The
53 county clerk shall certify each signature found to comply with all of the
54 requirements of this act by an appropriate mark following each signature. The
55 county clerk shall total the number of certified signatures and certify the
5
1 number thereof to the board of county commissioners.
2 (g) In the event that a petition filed with the county clerk does not
3 contain the required number of certified signatures, the county clerk shall
4 inform the person or organization under whose authority the petition was cir-
5 culated that the petition is defective for lack of certified signatures, and
6 specify the number of additional signatures required to make the petition
7 valid. The petition must be perfected within sixty (60) days of the date that
8 the clerk finds the petition defective for lack of certified signatures. If
9 the petition is not perfected within the sixty (60) day period, the clerk
10 shall declare the petition null and void ab initio in its entirety.
11 (h) In the event the county clerk shall certify to the board of county
12 commissioners that a petition contains the required number of signatures of
13 registered, qualified electors, said governing body shall forthwith make an
14 order calling an election to be held, subject to the provisions of section
15 34-106, Idaho Code, within said county in the manner provided by law for hold-
16 ing elections for county officers.
17 In addition to the other requirements of law, the notice of election shall
18 notify the electors of the issue to be voted upon at said election. The county
19 recorder must furnish the ballots to be used in such election, which ballots
20 must contain the following words:
21 "Sale of table wine at retail, Yes,"
22 "Sale of table wine at retail, No."
23 and, if applicable,
24 "Sale of dessert wine at retail, Yes,"
25 "Sale of dessert wine at retail, No."
26 and the elector in order to vote must mark an "X" opposite one (1) of the
27 questions in the space provided therefor. Upon a canvass of the votes cast,
28 the county recorder shall certify the result thereof to the director. If a
29 majority of the votes cast are "Sale of wine at retail, Yes," affirmative on
30 the issue presented, licenses shall be issued in said county as in this chap-
31 ter provided. If a majority of the votes cast are "Sale of wine at retail,
32 No," in the negative on the issue presented, then no license shall be issued
33 in said county unless thereafter authorized by a subsequent election in said
34 county which may be called in the manner provided for herein.
35 No resolution or election prohibiting the sale of wine within the bound-
36 aries of any county of this state shall have an effective date prior to the
37 end of the then current calendar year if at the time of the adoption thereof
38 there shall be any outstanding valid retail wine licenses in good standing for
39 premises within such county.
40 The signer of any petition under this chapter may remove his own name from
41 the petition by crossing out, obliterating, or otherwise defacing his own sig-
42 nature at any time prior to the time when the petition is filed. The signer of
43 any such petition may have his name removed from the petition at any time
44 after the petition has been filed, but prior to the time when an election has
45 been ordered, by presenting or submitting to the county clerk a signed,
46 acknowledged statement that the signer desires to have his name removed from
47 the petition. The statement shall contain sufficient information to clearly
48 identify the signer. The county clerk shall immediately strike the signer's
49 name from the petition, and adjust the total of certified signatures on the
50 petition accordingly. The statement shall be attached to, and become a part
51 of, the petition.
52 A person is guilty of a felony punishable by imprisonment in the state
53 penitentiary, not to exceed two (2) years, who:
54 (a) Signs any name other than his own to any petition.
55 (b) Knowingly signs his name more than once on the same petition.
6
1 (c) Wilfully Willfully or knowingly circulates, publishes or exhibits any
2 false statement or representation concerning the contents, purport or effect
3 of any petition for the purpose of obtaining any signature to any such peti-
4 tion, or for the purpose of persuading any person to sign any such petition.
5 (d) Circulates or causes to circulate any petition, knowing the same to
6 contain false, forged or fictitious names.
7 (e) Makes any false affidavit concerning any petition or the signatures
8 appended thereto.
9 (f) Knowingly makes any false return, certification or affidavit concern-
10 ing any petition or the signatures appended thereto.
11 (g) Threatens any person with punitive or retaliatory action for the pur-
12 pose of obtaining signatures or hindering or delaying the obtaining of signa-
13 tures upon a petition.
RS 10954
Idaho s County Option Kitchen and Table Wine Act,
passed in 1971, permitted counties to determine whether
wines containing not more than 14% alcohol, by volume,
could be sold in private retail outlets within the
respective counties.
This legislation permits counties to have the same
option with reference to certain dessert wines containing
not more than 21% alcohol by volume. The proposal requires
the affirmative approval of county commissioners, or the
electorate of the county, before such retail sales may occur.
The law also permits revocation of previously granted
approval, either by the commissioners or by the electorate
of the county.
The proposal does not remove the State Liquor
Dispensary from sales of dessert wines, but provides an
opportunity for greater customer selection of premium wines
and private retailer participation in this limited market.
FISCAL NOTE
It is not anticipated that there would be any
negative fiscal impact on state funds or that the present
level of dessert wine sales in the State Liquor Dispensary
would be diminished. To the extent that private retail sales
of premium dessert wines were successful, the state would
benefit front the increased revenues from excise tax, sales
tax, and income tax
CONTACT: Bill Roden
Jeremy Pisca
Idaho Beer & Wine Distributors Association
Phone: 336-7930
STATEMENT OF PURPOSE/ FISCAL NOTE S 1068