2001 Legislation
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SENATE BILL NO. 1015 – Alcohol beverage licns/expire/renew

SENATE BILL NO. 1015

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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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                      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