2003 Legislation
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HOUSE BILL NO. 333 – Liquor/beer, serve, city set hours

HOUSE BILL NO. 333

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Daily Data Tracking History



H0333.....................................................by WAYS AND MEANS
LIQUOR/BEER - Amends existing law to provide that cities may, by ordinance,
allow the sale of liquor by the drink on certain days; and to provide that
a city may extend the hours of sale of liquor by the drink and the sale of
beer.
                                                                        
03/06    House intro - 1st rdg - to printing
03/07    Rpt prt - to St Aff
03/12    Rpt out - rec d/p - to 2nd rdg
03/13    2nd rdg - to 3rd rdg
03/17    3rd rdg - PASSED - 52-18-0
      AYES -- Andersen, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal,
      Douglas, Eberle, Edmunson, Eskridge, Gagner, Harwood, Henbest,
      Jaquet, Jones, Kellogg, Kulczyk, Langhorst, Martinez, McKague, Meyer,
      Miller, Mitchell, Naccarato, Nielsen, Ridinger, Ring, Ringo, Roberts,
      Robison, Rydalch, Sayler, Shepherd, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- Bauer, Bedke, Block, Denney, Ellsworth, Field(18), Field(23),
      Garrett, Lake, Langford, McGeachin, Moyle, Raybould, Sali, Schaefer,
      Shirley, Tilman, Wood
      Absent and excused -- None
    Floor Sponsor - Meyer
    Title apvd - to Senate
03/19    Senate intro - 1st rdg - to St Aff
03/27    Rpt out - rec d/p - to 2nd rdg
03/28    2nd rdg - to 3rd rdg
04/02    3rd rdg - PASSED - 20-15-0
      AYES -- Bailey, Brandt, Burkett, Calabretta, Cameron, Compton,
      Gannon, Goedde, Ingram, Kennedy, Keough, Little, Lodge, McKenzie,
      McWilliams, Schroeder, Sorensen, Stegner, Stennett, Werk
      NAYS -- Andreason, Bunderson, Burtenshaw, Darrington, Davis, Geddes,
      Hill, Malepeai, Marley, Noble, Noh, Pearce, Richardson, Sweet,
      Williams
      Absent and excused -- None
    Floor Sponsor - Little
    Title apvd - to House
04/03    To enrol
04/04    Rpt enrol - Sp signed
04/07    Pres signed
04/08    To Governor
04/14    Governor signed
         Session Law Chapter 284
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 333
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE SALE OF ALCOHOLIC BEVERAGES; AMENDING  SECTION  23-927,  IDAHO
  3        CODE,  TO PROVIDE THAT CITIES MAY BY ORDINANCE ALLOW THE SALE OF LIQUOR BY
  4        THE DRINK ON CERTAIN DAYS AND MAY EXTEND THE HOURS OF THE SALE  OF  LIQUOR
  5        BY  THE  DRINK;  AND AMENDING SECTION 23-1012, IDAHO CODE, TO PROVIDE THAT
  6        CITIES MAY EXTEND THE HOURS OF THE SALE OF BEER.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 23-927, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
                                                                        
 10        23-927.  HOURS OF SALE OF LIQUOR. (1) No liquor shall be sold, offered for
 11    sale,  or  given away upon any licensed premises, and all liquor not in sealed
 12    bottles must be locked in a separate room  or  cabinet  during  the  following
 13    hours:
 14        a.  Sunday,  Memorial Day, Thanksgiving and Christmas from 1 o'clock A.M.,
 15        to 10 o'clock A.M. the following day; provided however, that on any Sunday
 16        not otherwise being a prescribed holiday, it shall be lawful for a  licen-
 17        see  having  banquet  area  or meeting room facilities, separate and apart
 18        from the usual dispensing area (bar room) and separate and  apart  from  a
 19        normal public dining room unless such dining room is closed to the public,
 20        to  therein  dispense  liquor  between  the hours of 2 o'clock P.M. and 11
 21        o'clock P.M. to bona fide participants of banquets, receptions or  conven-
 22        tions  for  consumption  only  within the confines of such banquet area or
 23        meeting room facility.
 24        b.  On any other day between 1 o'clock A.M. and 10 o'clock A.M.
 25        c.  On any day of a general or primary election until after the time  when
 26        the  polls  are closed. There is no prohibition against the sale of liquor
 27        by the drink during city elections unless the city has  enacted  an  ordi-
 28        nance prohibiting such sales.
 29        d.  When  any  city or county has any ordinance further limiting the hours
 30        of sale of liquor, by the drink, then such hours shall be  fixed  by  such
 31        ordinance.
 32        (2)  A county or city may, however, by ordinance, allow the sale of liquor
 33    by  the  drink on a Sunday, Memorial Day and Thanksgiving, and may also extend
 34    until 2 o'clock A.M. the hours of the sale of liquor by the drink.
 35        (3)  Any patron present on the licensed premises after the sale of  liquor
 36    has  stopped as provided in subsection (1) and subsection (2) above shall have
 37    a reasonable time, not to exceed thirty (30) minutes, to consume any beverages
 38    already served.
 39        (4)  Any person who consumes or intentionally permits the  consumption  of
 40    any  alcoholic  beverage upon licensed premises after the time provided for in
 41    subsection (3) shall be guilty of a misdemeanor.
 42        (5)  It shall be the duty of every person who is employed  at  or  upon  a
 43    licensed  premises  or  who owns or manages a licensed premises and is present
                                                                        
                                           2
                                                                        
  1    upon the licensed premises during the hours and at the time set forth in  sub-
  2    section  (1)  and subsection (2) of this section to lock up and keep locked up
  3    in a locked room or locked cabinet all unsealed containers  of  liquor  during
  4    the  hours  and at the times set forth in subsection (1) and subsection (2) of
  5    this section, and any such person who  fails  to  perform  the  duty  provided
  6    herein shall be guilty of a misdemeanor.
                                                                        
  7        SECTION  2.  That  Section 23-1012, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        23-1012.  HOURS OF SALE. (1) It shall be unlawful and  a  misdemeanor  for
 10    any  person  in  any place licensed to sell beer or where beer is sold or dis-
 11    pensed to be consumed on the  premises,  whether  conducted  for  pleasure  or
 12    profit,  to  sell,  dispense  or  give  away beer between the hours of one (1)
 13    o'clock A.M. and six (6) o'clock A.M.
 14        (2)  Any patron present on the licensed premises after the  sale  of  beer
 15    has stopped as provided in subsections (1) and (4) herein shall have a reason-
 16    able  time, not to exceed thirty (30) minutes, to consume any beverage already
 17    served.
 18        (3)  Any person who consumes or intentionally permits the  consumption  of
 19    any  alcoholic beverage upon the licensed premises after the time provided for
 20    in subsection (2) shall be guilty of a misdemeanor.
 21        (4)  A county or city may, however, extend, until two  (2)  o'clock  A.M.,
 22    the hours of the sale of beer.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 13083
This legislation amends Section 23-927, Idaho Code, to provide
that cities may, by ordinance, allow the sale of liquor by the
drink and extend hours of sale for liquor by the drink.
                          FISCAL IMPACT
There is no fiscal impact to the state.


Contact
Name: Rep. Wayne Meyer 
Phone: (208) 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE               H 333