2001 Legislation
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SENATE BILL NO. 1068 – Wine, table/dessert, sale

SENATE BILL NO. 1068

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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

Bill Text


                                                                        
                                                                        
  ||||              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
                                                                        
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  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
                                                                        
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  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
                                                                        
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  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.
                                                                        
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  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.

Statement of Purpose / Fiscal Impact


   
   
                             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