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S1013................................................by JUDICIARY AND RULES
ALCOHOL BEVERAGE - CATERING PERMITS - Amends existing law to provide that
alcohol beverage catering permittees may serve and sell alcohol only at
premises which are not currently licensed to sell alcohol.
01/16 Senate intro - 1st rdg - to printing
01/17 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1013
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO ALCOHOL BEVERAGE CATERING PERMITS; AMENDING SECTION 23-934A, IDAHO
3 CODE, TO PROVIDE THAT ALCOHOL BEVERAGE CATERING PERMITTEES MAY SERVE AND
4 SELL ALCOHOL ONLY AT PREMISES WHICH ARE NOT CURRENTLY LICENSED TO SELL
5 ALCOHOL.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 23-934A, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 23-934A. ALCOHOL BEVERAGE CATERING PERMIT -- APPLICATION. An alcohol bev-
10 erage catering permit is a permit issued pursuant to this section which autho-
11 rizes the permittee to serve and sell liquor by the drink, beer and wine, or
12 beer, or wine, at a party or convention, and not at a premises that is cur-
13 rently licensed to sell alcohol, and not to exceed three (3) consecutive days.
14 An alcohol beverage catering permit shall be limited to authorization to sell
15 liquor or beer or wine, or any combination thereof, based upon the type of
16 license which the applicant possesses. Applications for such permit shall be
17 made to the city within which the liquor, beer or wine is to be served, or if
18 not within a city then to the county, on such form as prescribed by the city
19 or county which shall contain at a minimum, but not limited to, the following
20 information:
21 (1) The name and address of the applicant and the number of his state
22 liquor, beer or wine license.
23 (2) The dates and hours during which the permit is to be effective, not
24 to exceed three (3) consecutive days.
25 (3) The names of the organizations, groups, or persons sponsoring the
26 event.
27 (4) The address at which the liquor, beer or wine is to be served, and if
28 a public building, the rooms in which the liquor, beer or wine is to be
29 served.
30 The application shall be verified by the applicant and filed with the
31 appropriate governing body or its designee. A filing fee in the amount of
32 twenty dollars ($20.00) for each day the permit is to be effective shall be
33 paid to the treasury of the governing body which shall not be refunded in any
34 event. Any alcohol beverage catering permit shall be valid only within the
35 issuing jurisdiction.
STATEMENT OF PURPOSE
RS10540
Idaho Code 23-934A allows for the issuance of an alcohol
beverage-catering permit authorizing the permittee "to serve
and sell liquor by the drink, beer and wine, or beer, or wine,
at a party or convention, not to exceed three (3) consecutive
days." Alcohol Beverage Control (ABC) officials have found
that catering permits are being issued to liquor licensees to
cater events at premises licensed to sell beer and wine.
Essentially, this means a premise licensed to sell beer and
wine ONLY may sell liquor during the period of the catering
permit. The intent of the catering permit is to allow a
licensee to cater an event at a place other than a licensed
premise, and not as a device to extend the sale of liquor to
premises licensed for beer and wine. This proposal will
expressly prohibit catering events at premises currently
licensed to sell alcohol beverages.
FISCAL NOTE
Clarification of this section of Idaho Code should carry no
fiscal impact to state or local government.
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