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H0246.........................................................by STATE AFFAIRS
WINE - TABLE/DESSERT - LICENSES - Amends existing law to define terms; to
provide references to table wine and dessert wine; to provide references to
table wine and dessert wine licenses; to provide that boards of county
commissioners may permit the sale of table wine and/or dessert wine by
resolution or by submitting the question to county electors; to revise the
forms for retail wine sale petitions and ballots to include table wine and
dessert wine; and to revise language relating to the issuance of table wine
and/or dessert wine licenses.
02/11 House intro - 1st rdg - to printing
02/12 Rpt prt - to St Aff
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 42-23-5
AYES -- Andersen, Barraclough, Barrett, Bieter, Black, Boe, Bolz,
Campbell, Clark, Crow, Cuddy, Douglas, Eberle, Edmunson, Eskridge,
Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kulczyk, Langhorst,
Martinez, McKague, Meyer, Miller, Mitchell, Naccarato, Nielsen,
Ridinger, Ring, Ringo, Robison, Sayler, Shepherd, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Tilman
NAYS -- Bauer, Bedke, Bell, Block, Bradford, Cannon, Collins, Deal,
Denney, Ellsworth, Field(23), Lake, Langford, McGeachin, Moyle,
Raybould, Roberts, Rydalch, Sali, Shirley, Stevenson, Wills, Wood
Absent and excused -- Field(18), Kellogg, Schaefer, Trail, Mr. Speaker
Floor Sponsors - Clark & Jaquet
Title apvd - to Senate
03/03 Senate intro - 1st rdg - to St Aff
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 22-13-0
AYES -- Andreason(Rouse), Bailey, Brandt, Burkett, Calabretta, Compton,
Gannon, Goedde, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
McKenzie, McWilliams, Schroeder, Sorensen, Stegner, Stennett, Sweet,
Werk
NAYS -- Bunderson, Burtenshaw, Cameron, Darrington, Davis, Geddes, Hill,
Marley, Noble, Noh, Pearce, Richardson, Williams
Absent and excused -- None
Floor Sponsors - Sorensen & Stennett
Title apvd - to House
03/13 To enrol
03/14 Rpt enrol - Sp signed
03/17 Pres signed
03/19 To Governor
03/24 Governor signed
Session Law Chapter 119
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 246
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE COUNTY OPTION KITCHEN AND TABLE WINE ACT; AMENDING SECTION
3 23-1303, IDAHO CODE, TO DEFINE "DESSERT WINE," TO DEFINE "WINE" AND TO
4 PROVIDE REFERENCES TO TABLE WINE, DESSERT WINE AND TABLE WINE AND DESSERT
5 WINE LICENSES; AMENDING SECTION 23-1304, IDAHO CODE, TO PROVIDE THAT
6 BOARDS OF COUNTY COMMISSIONERS MAY PERMIT THE SALE OF TABLE WINE AND/OR
7 DESSERT WINE BY RESOLUTION OR BY SUBMITTING THE QUESTION OF PERMITTING
8 SUCH SALES TO COUNTY ELECTORS, TO REVISE THE FORMS FOR RETAIL WINE SALE
9 PETITIONS AND BALLOTS TO INCLUDE TABLE WINE AND DESSERT WINE, TO REVISE
10 LANGUAGE RELATING TO THE ISSUANCE OF TABLE WINE AND/OR DESSERT WINE
11 LICENSES BASED ON VOTES CAST AND TO MAKE TECHNICAL CORRECTIONS.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 23-1303, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 23-1303. DEFINITIONS. The following terms as used in this chapter are
16 hereby defined as follows:
17 (a) "Table wWine" shall mean any alcoholic beverage containing not more
18 than sixteen percent (16%) alcohol by volume obtained by the fermentation of
19 the natural sugar content of fruits or other agricultural products containing
20 sugar whether or not other ingredients are added.
21 (b) "Director" means the director of the Idaho state police.
22 (c) "Dessert wine" means only those beverages that are designated or
23 labeled, pursuant to the federal alcohol administration act, as "sherry,"
24 "madeira" or "port," which contain more than sixteen percent (16%) alcohol by
25 volume, but do not exceed twenty-one percent (21%) alcohol by volume. Dessert
26 wine as defined herein shall not be deemed to be a spirit based beverage for
27 the purposes of subsection (p) of this section.
28 (d) "Retail wine license" means a license issued by the director, autho-
29 rizing a person to sell table wine and/or dessert wine at retail for consump-
30 tion off the licensed premises.
31 (de) "Wine distributor's license" means a license issued by the director
32 to a person authorizing such person to distribute table wine or dessert wine
33 to retailers within the state of Idaho.
34 (ef) "Wine importer's license" means a license issued by the director to
35 a person authorizing such person to import table wine or dessert wine into the
36 state of Idaho and to sell and distribute such wines to a distributor.
37 (fg) "Retailer" means a person to whom a retail wine license has been
38 issued.
39 (gh) "Distributor" means a person to whom a wine distributor's license
40 has been issued.
41 (hi) "Importer" means a person to whom a wine importer's license has been
42 issued.
43 (ij) "Winery" means a place, premises or establishment within the state
2
1 of Idaho for the manufacture or bottling of table wine or dessert wine for
2 sale.
3 (jk) "Winery license" means a license issued by the director authorizing
4 a person to maintain a winery.
5 (kl) "Vintner" means a person who manufactures, bottles, or sells table
6 wine or dessert wine to importers for resale within this state other than a
7 licensed "winery" as herein defined.
8 (lm) "Person" includes an individual, firm, copartnership, association,
9 corporation, or any group or combination acting as a unit, and includes the
10 plural as well as the singular unless the intent to give a more limited mean-
11 ing is disclosed by the context in which it is used.
12 (mn) "Wine by the drink license" means a license to sell table wine or
13 dessert wine by the individual glass or opened bottle at retail, for consump-
14 tion on the premises only.
15 (no) "Domestic produced product" means wine at least seventy-five percent
16 (75%) of which by volume is derived from fruit or agricultural products grown
17 in Idaho.
18 (op) "Low proof spirit beverages" means any alcoholic beverage containing
19 not more than fourteen percent (14%) alcohol by volume obtained by distilla-
20 tion mixed with drinkable water, fruit juices and/or other ingredients in
21 solution. These products shall be considered and taxed as wine. Spirit based
22 beverages exceeding fourteen percent (14%) alcohol by volume shall be consid-
23 ered as liquor and sold only through the state liquor dispensary system.
24 (pq) "Wine" includes table wine and dessert wine, unless the context
25 requires otherwise.
26 (r) All other words and phrases used in this chapter, the definition of
27 which is not herein given, shall be given their ordinary and commonly under-
28 stood and accepted meaning.
29 SECTION 2. That Section 23-1304, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 23-1304. COUNTY OPTION -- RESOLUTION OF COUNTY COMMISSIONERS -- ORDER FOR
32 ELECTION -- FORM OF BALLOT -- EFFECT OF ELECTION OR RESOLUTION. There is
33 hereby granted to the board of county commissioners of each of the several
34 counties of this state the right and authority to permit the sale of table
35 wine and/or dessert wine, as defined in this chapter, within the borders of
36 the several counties of this state, which may be exercised in the following
37 manner:
38 (a) the board of county commissioners of each county of this state may,
39 by resolution regularly adopted, provided that retail sale of table wine
40 and/or dessert wine, as defined in this chapter, shall be permitted within the
41 county, and upon a certification of such resolution to the director, a retail
42 wine license shall thereafter be issued for premises within such county so
43 long as such resolution remains in effect; or
44 (b) the board of county commissioners of each of the several counties of
45 this state may submit the question of permitting the sale of table wine and/or
46 dessert wine at retail within the boundaries of the county to the electors of
47 the county.
48 The board of county commissioners may make an order calling an election to
49 be held, subject to the provisions of section 34-106, Idaho Code, within said
50 county in the manner provided by law for holding elections for county offi-
51 cers. All laws of the state of Idaho relating to the holding of elections for
52 county officers shall apply to the holdings of the election provided for in
53 this section, except where specifically modified herein.
3
1 Such election may also be called upon written petition of registered elec-
2 tors equal in number to twenty percent (20%) of the registered, qualified
3 electors of the county for the last general election under the following con-
4 ditions:
5 (a) The petition for such an election shall be in substantially the fol-
6 lowing form:
7 RETAIL WINE SALE PETITION
8 To the Honorable County Commissioners of the County of ...., State of
9 Idaho:
10 We, the undersigned citizens and registered, qualified electors of the
11 County of ...., respectfully demand that the Board of County Commissioners
12 submit the question of permitting the sale of table wine (and/or dessert wine)
13 at retail within the boundaries of the County of .... to the electors of the
14 county in the manner provided in section 23-1304, Idaho Code.
15 We, each for himself, say: I am a registered elector of the County of ....
16 and my residence, post office address, county, election precinct and the date
17 I signed this petition are correctly written after my name.
18 Name Residence Post Office County Election Precinct Date
19 (If in a city, street and number)
20 (Here follow twenty numbered lines for signatures)
21 (b) Before or at the time of beginning to circulate any petition for an
22 election to determine sale of wine at retail, the person or persons, organiza-
23 tion or organizations, under whose authority the petition is to be circulated,
24 shall send or deliver to the county clerk a copy of such petition duly signed
25 by at least twenty (20) electors eligible to sign such petition. The county
26 clerk shall immediately examine the petition and specify the form and kind and
27 size of paper on which the petition shall be printed and circulated for fur-
28 ther signatures. All petitions and sheets for signatures shall be printed on a
29 good quality bond or ledger paper, on pages eight and one-half (8 1/2) inches
30 in width by thirteen (13) inches in length, with a margin of one and three-
31 fourths (1 3/4) inches at the top for binding, and the sheets for signatures
32 shall have numbered lines thereon from one (1) to twenty (20) for signatures.
33 The petition shall be prepared in sections, with each section numbered consec-
34 utively. Each section of a petition must have a printed copy of the petition
35 as the first page, and each section shall have attached to it not more than
36 ten (10) sheets for signatures.
37 (c) The county clerk shall indicate in writing on the petition that he
38 has approved it as to form and the date of such approval. Upon approval as to
39 form, the county clerk shall inform the person or persons, organization or
40 organizations, under whose authority the petition is to be circulated, in
41 writing, that the petition must be perfected with the required number of sig-
42 natures within one hundred eighty (180) days following the date of approval as
43 to form. Any petition that has not been perfected with the required number of
44 certified signatures within the one hundred eighty (180) days allowed shall be
45 declared null and void ab initio in its entirety, except for the extension
46 allowed for in subsection (g) of this section.
47 (d) Each and every signature sheet of each petition containing signatures
48 shall be verified on the face thereof in substantially the following form by
49 the person who circulated said sheet of the petition, by his or her affidavit
50 thereon, as a part thereof:
51 State of Idaho
52 County of ....
53 I, ...., swear, under penalty of perjury, that every person who signed
4
1 this sheet of the foregoing petition signed his or her name thereto in my
2 presence. I believe that each has stated his or her name and the accompanying
3 required information on the signature sheet correctly, and that the person was
4 eligible to sign this petition. ............(Signature)
5 ....Post Office Address
6 Subscribed and sworn to before me this .... day of ...., 192....
7 (Notary Seal) ....................... (Notary Public)
8 Residing at ...........
9 (e) All petitions with attached signature sheets shall be presented to
10 the county clerk on the same day and a cursory examination of the petitions
11 shall be made by him. The cursory examination shall be made to determine
12 whether the petitions apparently contain the necessary number of signatures.
13 If the total number of signatures on the petitions is not sufficient to sat-
14 isfy the number required by this law, all petitions with attached signature
15 sheets shall be returned to the person or organization attempting to file
16 them, and further signatures may be gathered. If the cursory examination of
17 the signature sheets reveals:
18 (1) erasures on any signature;
19 (2) illegible or unidentifiable signatures; or
20 (3) signatures not properly identified by all the information required on
21 the sheet,
22 the county clerk shall summarily reject such signature and such signatures
23 shall not be counted. Each rejected signature shall be drawn through with ink
24 and initialed by the county clerk or his deputy. If the total number of signa-
25 tures not rejected is not sufficient to satisfy the number required by law,
26 all petitions with attached signature sheets shall be returned to the person
27 or organization attempting to file them, and further signatures may be gath-
28 ered.
29 (f) All petitions presented to the county clerk found to apparently con-
30 tain the necessary number of signatures, after the cursory examination pro-
31 vided for in subsection (e) of this section, shall be filed with the county
32 clerk and become public records of the county not to be returned. The county
33 clerk shall examine each signature purported to be that of a registered elec-
34 tor and compare each such signature with the registration documents available
35 to him. The county clerk shall summarily reject all signatures which are not
36 the signatures of registered electors; and such rejected signatures shall not
37 be counted. Each rejected signature shall be drawn through with ink and ini-
38 tialed by the clerk or his deputy. The county clerk may take not to exceed
39 twenty (20) days after filing of the petition to complete his examination. The
40 county clerk shall certify each signature found to comply with all of the
41 requirements of this act by an appropriate mark following each signature. The
42 county clerk shall total the number of certified signatures and certify the
43 number thereof to the board of county commissioners.
44 (g) In the event that a petition filed with the county clerk does not
45 contain the required number of certified signatures, the county clerk shall
46 inform the person or organization under whose authority the petition was cir-
47 culated that the petition is defective for lack of certified signatures, and
48 specify the number of additional signatures required to make the petition
49 valid. The petition must be perfected within sixty (60) days of the date that
50 the clerk finds the petition defective for lack of certified signatures. If
51 the petition is not perfected within the sixty (60) day period, the clerk
52 shall declare the petition null and void ab initio in its entirety.
53 (h) In the event the county clerk shall certify to the board of county
54 commissioners that a petition contains the required number of signatures of
55 registered, qualified electors, said governing body shall forthwith make an
5
1 order calling an election to be held, subject to the provisions of section
2 34-106, Idaho Code, within said county in the manner provided by law for hold-
3 ing elections for county officers.
4 In addition to the other requirements of law, the notice of election shall
5 notify the electors of the issue to be voted upon at said election. The county
6 recorder must furnish the ballots to be used in such election, which ballots
7 must contain the following words:
8 "Sale of table wine at retail, Yes,"
9 "Sale of table wine at retail, No."
10 and, if applicable:
11 "Sale of dessert wine at retail, Yes,"
12 "Sale of dessert wine at retail, No."
13 and the elector in order to vote must mark an "X" opposite one (1) of the
14 questions in the space provided therefor. Upon a canvass of the votes cast,
15 the county recorder shall certify the result thereof to the director. If a
16 majority of the votes cast are "Sale of wine at retail, Yes," affirmative on
17 the issue or issues presented, licenses shall be issued in said county as in
18 this chapter provided. If a majority of the votes cast are "Sale of wine at
19 retail, No," in the negative on the issue or issues presented, then no license
20 shall be issued in said county unless thereafter authorized by a subsequent
21 election in said county which may be called in the manner provided for herein.
22 No resolution or election prohibiting the sale of table wine and/or des-
23 sert wine within the boundaries of any county of this state shall have an
24 effective date prior to the end of the then current calendar year if at the
25 time of the adoption thereof there shall be any outstanding valid retail wine
26 licenses in good standing for premises within such county.
27 The signer of any petition under this chapter may remove his own name from
28 the petition by crossing out, obliterating, or otherwise defacing his own sig-
29 nature at any time prior to the time when the petition is filed. The signer of
30 any such petition may have his name removed from the petition at any time
31 after the petition has been filed, but prior to the time when an election has
32 been ordered, by presenting or submitting to the county clerk a signed,
33 acknowledged statement that the signer desires to have his name removed from
34 the petition. The statement shall contain sufficient information to clearly
35 identify the signer. The county clerk shall immediately strike the signer's
36 name from the petition, and adjust the total of certified signatures on the
37 petition accordingly. The statement shall be attached to, and become a part
38 of, the petition.
39 A person is guilty of a felony punishable by imprisonment in the state
40 penitentiary, not to exceed two (2) years, who:
41 (a) Signs any name other than his own to any petition.
42 (b) Knowingly signs his name more than once on the same petition.
43 (c) Wilfully Willfully or knowingly circulates, publishes or exhibits any
44 false statement or representation concerning the contents, purport or effect
45 of any petition for the purpose of obtaining any signature to any such peti-
46 tion, or for the purpose of persuading any person to sign any such petition.
47 (d) Circulates or causes to circulate any petition, knowing the same to
48 contain false, forged or fictitious names.
49 (e) Makes any false affidavit concerning any petition or the signatures
50 appended thereto.
51 (f) Knowingly makes any false return, certification or affidavit concern-
52 ing any petition or the signatures appended thereto.
53 (g) Threatens any person with punitive or retaliatory action for the pur-
54 pose of obtaining signatures or hindering or delaying the obtaining of signa-
55 tures upon a petition.
STATEMENT OF PURPOSE
RS 12732
Idaho's County Option Kitchen and Table Wine Act, passed in 1971,
permitted counties to determine whether wines containing not more
than 14% alcohol, by volume, could be sold in private retail
outlets within the respective counties.
This legislation permits counties to have the same option with
reference to certain dessert wines containing not more than 21%
alcohol by volume. The proposal requires the affirmative
approval of county commissioners, or the electorate of the
county, before such retail sales may occur. The law also
permits revocation of previously granted approval, either by the
commissioners or by the electorate of the county.
The proposal does not remove the State Liquor Dispensary
from sales of dessert wines, but provides an opportunity for
greater customer selection of premium wines and private retailer
participation in this limited market.
FISCAL IMPACT
It is not anticipated that there would be any negative fiscal
impact on state funds or that the present level of dessert wine
sales in the State Liquor Dispensary would be diminished. To the
extent that private retail sales of premium dessert wines were
successful, the state would benefit fromthe increased revenues
from excise tax, sales tax, and income tax.
Contact
Name: Bill Roden
Jeremy Pisca
Idaho Beer & Wine Distributors Association
Phone: 336-7930
STATEMENT OF PURPOSE/FISCAL NOTE H 246