Print Friendly SENATE BILL NO. 1423 – Dessert wines, purchase
SENATE BILL NO. 1423
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S1423......................................................by STATE AFFAIRS
DESSERT WINES - Adds to and amends existing law to provide for a dessert
wine endorsement on a wine by the drink license, which entitles the
licensee to purchase dessert wines from the State Liquor Dispensary for
retail sale of dessert wines by the drink for consumption on the licensed
02/11 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1423
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE RETAIL SALE OF LIQUOR AND WINE BY THE DRINK; AMENDING CHAPTER
3 9, TITLE 23, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 23-903c, IDAHO
4 CODE, TO AUTHORIZE A WINE BY THE DRINK LICENSEE WITH A DESSERT WINE
5 ENDORSEMENT TO PURCHASE DESSERT WINES FROM THE DISPENSARY; AMENDING SEC-
6 TION 23-1303, IDAHO CODE, TO REVISE THE DEFINITION OF "WINE," AND TO PRO-
7 VIDE DEFINITIONS OF "DESSERT WINE" AND "DESSERT WINE ENDORSEMENT"; AND
8 AMENDING SECTION 23-1315, IDAHO CODE, TO PROVIDE LICENSE FEES FOR A DES-
9 SERT WINE ENDORSEMENT AND TO MAKE TECHNICAL CORRECTIONS.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Chapter 9, Title 23, Idaho Code, be, and the same is
12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
13 ignated as Section 23-903c, Idaho Code, and to read as follows:
14 23-903c. AUTHORIZATION TO PURCHASE DESSERT WINE. The provisions of sec-
15 tion 23-903, Idaho Code, notwithstanding, any wine by the drink licensee who
16 has purchased a dessert wine endorsement on the licensee's wine by the drink
17 license may purchase dessert wines from the dispensary. Purchase of dessert
18 wines from any source other than the dispensary is strictly prohibited, and
19 failure to comply with this restriction and all other conditions of the des-
20 sert wine endorsement shall result in revocation of any and all licenses
21 issued to such licensee by the director.
22 SECTION 2. That Section 23-1303, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 23-1303. DEFINITIONS. The following terms as used in this chapter are
25 hereby defined as follows:
26 (a) "Table w Wine" shall mean any alcoholic beverage containing not more
27 than sixteen percent (16%) alcohol by volume obtained by the fermentation of
28 the natural sugar content of fruits or other agricultural products containing
29 sugar whether or not other ingredients are added.
30 (b) "Director" means the director of the Idaho state police.
31 (c) "Dessert wine" means any alcoholic beverage containing more than six-
32 teen percent (16%) alcohol by volume, but not exceeding twenty-one percent
33 (21%) alcohol by volume, obtained by the normal alcoholic fermentation of the
34 natural sugar content of grapes, fruits or berries, with or without the addi-
35 tion, after fermentation, of pure condensed must and with or without added
36 brandy or alcohol, whether or not other ingredients are added. Dessert wine
37 derived from grapes shall include only those wines designated pursuant to the
38 federal alcohol administration act as "sherry," "madeira," or "port." Dessert
39 wine derived from fruits or berries, other than grapes, shall only include
40 those wines designated as fruit dessert wine or berry dessert wine pursuant to
41 the federal alcohol administration act. Dessert wines as defined herein shall
1 not be deemed to be a spirit based beverage for the purposes of subsection (q)
2 of this section.
3 (d) "Retail table wine license" means a license issued by the director,
4 authorizing a person to sell table wine at retail for consumption off the
5 licensed premises.
6 ( de) "Wine distributor's license" means a license issued by the director
7 to a person authorizing such person to distribute table wine to retailers
8 within the state of Idaho.
9 ( ef) "Wine importer's license" means a license issued by the director to
10 a person authorizing such person to import table wine into the state of Idaho
11 and to sell and distribute such wine to a distributor.
12 ( fg) "Retailer" means a person to whom a retail table wine license has
13 been issued.
14 ( gh) "Distributor" means a person to whom a wine distributor's license
15 has been issued.
16 ( hi) "Importer" means a person to whom a wine importer's license has been
18 ( ij) "Winery" means a place, premises or establishment within the state
19 of Idaho for the manufacture or bottling of table wine for sale.
20 ( jk) "Winery license" means a license issued by the director authorizing
21 a person to maintain a winery.
22 ( kl) "Vintner" means a person who manufactures, bottles, or sells table
23 wine to importers for resale within this state other than a licensed "winery"
24 as herein defined.
25 ( lm) "Person" includes an individual, firm, copartnership, association,
26 corporation, or any group or combination acting as a unit, and includes the
27 plural as well as the singular unless the intent to give a more limited mean-
28 ing is disclosed by the context in which it is used.
29 ( mn) "Wine by the drink license" means a license to sell table wine by
30 the individual glass or opened bottle at retail, for consumption on the prem-
31 ises only.
32 (o) "Dessert wine endorsement" means an enhancement to a wine by the
33 drink license which entitles the holder of a wine by the drink license to pur-
34 chase dessert wines from the state liquor dispensary only, for the retail sale
35 of dessert wines by the drink for consumption on the premises only. Upon pay-
36 ment of the annual fees as provided in section 23-1315, Idaho Code, a wine by
37 the drink licensee shall be issued a dessert wine endorsement.
38 ( np) "Domestic produced product" means wine at least seventy-five percent
39 (75%) of which by volume is derived from fruit or agricultural products grown
40 in Idaho.
41 ( oq) "Low proof spirit beverages" means any alcoholic beverage containing
42 not more than fourteen percent (14%) alcohol by volume obtained by distilla-
43 tion mixed with drinkable water, fruit juices and/or other ingredients in
44 solution. These products shall be considered and taxed as wine. Spirit based
45 beverages exceeding fourteen percent (14%) alcohol by volume shall be consid-
46 ered as liquor and sold only through the state liquor dispensary system.
47 ( pr) All other words and phrases used in this chapter, the definition of
48 which is not herein given, shall be given their ordinary and commonly under-
49 stood and accepted meaning.
50 SECTION 3. That Section 23-1315, Idaho Code, be, and the same is hereby
51 amended to read as follows:
52 23-1315. LICENSE FEES -- COUNTY RETAIL LICENSE FEES -- COUNTY LICENSE
53 REQUIRED FOR RETAILERS. (a) Each importer shall pay to the state of Idaho an
1 annual license fee of three hundred dollars ($300).
2 (b) Each distributor shall pay to the state of Idaho an annual license
3 fee of three hundred dollars ($300) for each separate warehouse used for the
4 purpose of or in connection with the sale or distribution of wine within this
6 (c) Each winery shall pay to the state an annual license fee of three
7 hundred dollars ($300).
8 (d) Each retailer and wine by-the-drink by the drink licensee shall pay
9 to the state of Idaho an annual license fee of one hundred dollars ($100) for
10 each premises for which a license is issued for the sale of wine. For the pur-
11 chase of a dessert wine endorsement, a wine by the drink licensee shall pay to
12 the state of Idaho an annual fee of fifty dollars ($50.00) for each premises
13 for which a wine by the drink license was issued.
14 (e) In addition to the fee required by subsection (d) of this section,
15 each retailer and wine by-the-drink by the drink licensee shall pay an annual
16 license fee of not to exceed one hundred dollars ($100) to the county in which
17 the licensed premises are located. If the licensed premises are located within
18 the incorporated limits of a city, the licensee shall pay an annual license
19 fee of not to exceed two hundred dollars ($200) to such city. Each city and
20 county within this state are is hereby authorized and empowered to determine
21 the license fees to be paid by each retailer and wine by-the-drink by the
22 drink licensee licensed pursuant to the terms and conditions of this act. No
23 wine license issued by the commissioner shall authorize the sale of wine at
24 retail unless such person possesses a county and city license as may be
25 required by the governing board thereof.
26 (f) For the purchase of a dessert wine endorsement, a wine by the drink
27 licensee shall pay, in addition to the fees required by subsection (d) of this
28 section, an annual license fee of twenty-five dollars ($25.00) to the county
29 in which the licensed premises are located. If the licensed premises are
30 located within the incorporated limits of a city, a wine by the drink licensee
31 shall also pay an annual license fee of twenty-five dollars ($25.00) to the
32 city in which the licensed premises are located.
STATEMENT OF PURPOSE
The purpose of this legislation is to create a definition
for dessert wines (containing between 16 percent and 21 percent
alcohol by volume) in the code, and provide for a “dessert wine
endorsement” as an enhancement to a wine-by-the-drink license for
As the holders of the dessert wine endorsements would
continue to purchase the wine from the liquor dispensary only,
there would be no loss of liquor sale revenue. There may be an
increase in revenue because there is an annual $50 fee to the
state, $25 to the county and $25 to the city for the endorsement.
Name: Sen. Clint Stennett
Rep. Wendy Jaquet
STATEMENT OF PURPOSE/FISCAL NOTE S 1423