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H0049...........................................................by MR. SPEAKER
Requested by: Idaho State Police
RESTAURANTS - Amends existing law to redefine "restaurant" for purposes of
alcohol beverage control by including in the definition the requirement to
show that food service and preparation occur on the premises, restaurant
equipment is located on the premises and that forty percent of the
establishment's purchases are for food and nonalcoholic beverages as shown in
the business records.
01/06 House intro - 1st rdg - to printing
Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 49 BY MR. SPEAKER Requested by: Idaho State Police 1 AN ACT 2 RELATING TO RETAIL SALE OF LIQUOR BY THE DRINK; AMENDING SECTION 23-942, IDAHO 3 CODE, TO REDEFINE "RESTAURANT" AND TO MAKE TECHNICAL CORRECTIONS; PROVID- 4 ING AN EFFECTIVE DATE AND PROVIDING APPLICATION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 23-942, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 23-942. DEFINITIONS. The following definitions shall apply in the inter- 9 pretation of the enforcement of this act: 10 (a1) "Licensee" shall mean any person licensed to sell liquor by the 11 drink at retail pursuant to the provisions of chapter 9, title 23, Idaho Code, 12 and any person licensed to sell beer for consumption on the premises where 13 sold pursuant to the provisions of chapter 10, title 23, Idaho Code, or county 14 or municipal ordinance. 15 (b2) "Place," as used in this act, means any room of any premises 16 licensed for the sale of liquor by the drink at retail wherein there is a bar 17 and liquor, bar supplies and equipment are kept and where beverages containing 18 alcoholic liquor are prepared or mixed and served for consumption therein, and 19 any room of any premises licensed for the sale of beer for consumption on the 20 premises wherein there is a bar and beer, bar supplies and equipment are kept 21 and where beer is drawn or poured and served for consumption therein. 22 (c3) "Restaurant,"as used in this act,means anyrestaurant, cafe, hotel23dining room, coffee shop, cafeteria, railroad dining car or other eating24establishment havingestablishment which primarily holds itself out to the 25 public as an establishment which serves food to members of the public for con- 26 sumption on the premises and that such premises has kitchen and cooking facil- 27 ities for the preparation of food.and where hot meals are regularly served to28the publicIn addition, an applicant or licensee shall demonstrate to the 29 director that: 30 (a) Food service and preparation occurs on the premises by establishment 31 employees; and 32 (b) Stoves, ovens, refrigeration equipment or such other equipment usu- 33 ally and normally found in restaurants is located on the premises of the 34 establishment; and 35 (c) At least forty percent (40%) of the establishment's purchases are 36 derived from purchases of food and nonalcoholic beverages as shown in 37 appropriate business records. 38 SECTION 2. This act shall be in full force and effect on and after July 39 1, 2003, and shall apply to all applications and renewals for licenses filed 40 on and after July 1, 2003.
STATEMENT OF PURPOSE
RS 12309
Clarifies the definition of "restaurant" to provide licensees with
more specific information upon which to make business decisions and
to allow more consistent enforcement of age restrictions for
alcohol use.
FISCAL IMPACT
No fiscal impact.
CONTACT
Name: Saundra K. DeKlotz
Agency: Idaho State Police
Phone: 884-7001
Statement of Purpose/Fiscal Impact H4