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H0260.........................................................by STATE AFFAIRS THEATER - Amends existing law to provide an exception to the age requirement of twenty-one years for persons to legally enter or remain on a premises licensed to serve alcohol for a theater that is presenting live performances; and to define terms. 02/13 House intro - 1st rdg - to printing 02/14 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 - 47-17-6 AYES -- Andersen, Barrett, Bieter, Black, Boe, Bolz, Bradford, Campbell, Clark, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Gagner, Garrett, Henbest, Jaquet, Jones, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo, Robison, Sayler, Shepherd, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Tilman, Wills NAYS -- Bauer, Bedke, Bell, Block, Cannon, Collins, Field(23), Harwood, Kulczyk, Lake, Langford, Roberts, Rydalch, Sali, Shirley, Stevenson, Wood Absent and excused -- Barraclough, Field(18), Kellogg, Schaefer, Trail, Mr. Speaker Floor Sponsor - 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 03/11 3rd rdg - PASSED - 18-17-0 AYES -- Brandt, Burkett, Calabretta, Compton, Goedde, Kennedy, Keough, Little, Lodge, Malepeai, McKenzie, McWilliams, Noh, Schroeder, Sorensen, Stegner, Stennett, Werk NAYS -- Andreason, Bailey, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Gannon, Geddes, Hill, Ingram, Marley, Noble, Pearce, Richardson, Sweet, Williams Absent and excused -- None Floor Sponsors - Calabretta & Stennett Title apvd - to House 03/12 To enrol 03/13 Rpt enrol - Sp signed 03/14 Pres signed 03/17 To Governor 03/20 Governor signed Session Law Chapter 111 Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 260 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ALCOHOLIC BEVERAGES LICENSES; AMENDING SECTION 23-902, IDAHO CODE, 3 TO FURTHER DEFINE TERMS; AMENDING SECTION 23-944, IDAHO CODE, TO PROVIDE 4 AN EXCEPTION FOR A THEATER THAT IS PRESENTING LIVE PERFORMANCES TO THE AGE 5 REQUIREMENT OF TWENTY-ONE YEARS FOR PERSONS TO LEGALLY ENTER OR REMAIN ON 6 A LICENSED PREMISES; AMENDING SECTION 23-1001, IDAHO CODE, TO FURTHER 7 DEFINE TERMS; AMENDING SECTION 23-1010, IDAHO CODE, TO PROVIDE THAT IF AN 8 APPLICANT IS APPLYING FOR A BEER LICENSE SOLELY FOR A THEATER THAT IS PRE- 9 SENTING LIVE PERFORMANCES THE APPLICATION SHALL SO STATE; AND AMENDING 10 SECTION 23-1303, IDAHO CODE, TO FURTHER DEFINE TERMS AND TO MAKE TECHNICAL 11 CORRECTIONS. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 23-902, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 23-902. DEFINITIONS. The following words and phrases used in this chapter 16 shall be given the following interpretation: 17 (1) "Club" includes any of the following organizations where the sale of 18 spirituous liquor for consumption on the premises is made to members and to 19 bona fide guests of members only: 20 (a) A post, chapter, camp or other local unit composed solely of veterans 21 and their duly recognized auxiliary, and which is a post, chapter, camp or 22 other local unit composed solely of veterans which has been chartered by 23 the congress of the United States for patriotic, fraternal or benevolent 24 purposes, and which has, as the owner, lessee or occupant, operated an 25 establishment for that purpose in this state; or 26 (b) A chapter, aerie, parlor, lodge or other local unit of an American 27 national fraternal organization, which has as the owner, lessee or occu- 28 pant, operated an establishment for fraternal purposes in this state and 29 actively operates in not less than thirty-six (36) states or has been in 30 continuous existence for not less than twenty (20) years; and which has 31 not less than fifty (50) bona fide members in each unit, and which owns, 32 maintains or operates club quarters, and is authorized and incorporated to 33 operate as a nonprofit club under the laws of this state, and which has 34 recognized tax exempt status under section 501(c)(8) or 501(c)(10) of the 35 Internal Revenue Code, and has been continuously incorporated and operat- 36 ing for a period of not less than one (1) year. The club shall have had 37 during that period of one (1) year, a bona fide membership with regular 38 meetings conducted at least once each month, and the membership shall be 39 and shall have been actively engaged in carrying out the objects of the 40 club. The club membership shall consist of bona fide dues paying members, 41 recorded by the secretary of the club, paying at least six dollars ($6.00) 42 per year in dues, payable monthly, quarterly or annually; and the members 43 at the time of application for a club license shall be in good standing, 2 1 having paid dues for at least one (1) full year. 2 (2) "Convention" means a formal meeting of members, representatives, or 3 delegates, as of a political party, fraternal society, profession or industry. 4 (3) "Director" means the director of the Idaho state police. 5 (4) "Gaming" means any and all gambling or games of chance defined in 6 chapters 38 and 49, title 18, Idaho Code, or any section or sections thereof, 7 whether those games are licensed or unlicensed. 8 (5) "Interdicted person" means a person to whom the sale of liquor is 9 prohibited under law. 10 (6) "License" means a license issued by the director to a qualified per- 11 son, under which it shall be lawful for the licensee to sell and dispense 12 liquor by the drink at retail, as provided by law. 13 (7) "Licensee" means the person to whom a license is issued under the 14 provisions of law. 15 (8) "Liquor" means all kinds of liquor sold by and in a state liquor 16 store of the state of Idaho. 17 (9) "Live performance" means a performance occurring in a theater and 18 not otherwise in violation of any provision of Idaho law. 19 (10) "Municipal license" means a license issued by a municipality of the 20 state of Idaho under the provisions of law. 21 (101) "Party" means a social gathering especially for pleasure or amuse- 22 ment and includes, but is not limited to, such social events as weddings, 23 birthdays, and special holiday celebrations to include, but not be limited to, 24 New Year's celebrations, Super Bowl Sunday, St. Patrick's Day, the Fourth of 25 July and Labor Day. 26 (112) "Person" means every individual, partnership, corporation, organiza- 27 tion, or association holding a retail liquor license, whether conducting the 28 business singularly or collectively. 29 (123) "Premises" means the building and contiguous property owned, or 30 leased or used under a government permit by a licensee as part of the business 31 establishment in the business of sale of liquor by the drink at retail, which 32 property is improved to include decks, docks, boardwalks, lawns, gardens, golf 33 courses, ski resorts, courtyards, patios, poolside areas or similar improved 34 appurtenances in which the sale of liquor by the drink at retail is authorized 35 under the provisions of law. 36 (134) "Rules" means rules promulgated by the director in accordance with 37 the provisions of law. 38 (145) "State liquor store" means a liquor store or distributor established 39 under and pursuant to the laws of the state of Idaho for the package sale of 40 liquor at retail. 41 (16) "Theater" means a room, place or outside structure for performances 42 or readings of dramatic literature, plays or dramatic representations of an 43 art form not in violation of any provision of Idaho law. 44 (17) All other words and phrases used in this chapter, the definitions of 45 which are not herein given, shall be given their ordinary and commonly under- 46 stood and acceptable meanings. 47 SECTION 2. That Section 23-944, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 23-944. EXCEPTIONS FROM RESTRICTION ON ENTERING OR REMAINING. It shall 50 not be unlawful for, nor shall section 23-943, Idaho Code, be construed to 51 restrict, any person under the age of twenty-one (21) years from entering or 52 being: 53 (1) upon the premises of any restaurant, as herein defined, or in any 3 1 railroad observation or club car or any airplane of a commercial airline, not- 2 withstanding that such premises may also be licensed for the sale of liquor by 3 the drink or for the sale of beer for consumption on the premises or that 4 alcohol beverages, or beer, or both, are prepared, mixed or dispensed and 5 served and consumed therein. 6 (2) in any building, a part or portion of which is used as a place, as 7 herein defined, provided such place is separated or partitioned from the 8 remainder of said building and access to such place through a doorway or 9 doorways or other means of ingress can be controlled to prevent persons under 10 the ages specified with respect thereto in section 23-943, Idaho Code, from 11 entering therein. 12 (3) in any baseball park, sports arena, convention center, multipurpose 13 arena, theater that is presenting live performances or fairgrounds, notwith- 14 standing that such premises or any portion thereof may be licensed for the 15 sale of liquor by the drink, wine or beer for consumption on the premises or 16 that such products are dispensed and served and consumed therein; provided, 17 that the person under the age of twenty-one (21) years is attending a lawful 18 activity, show, exhibition, performance or event on the premises or is 19 required to be present as a condition of his employment. It is lawful for per- 20 sons under the age of twenty-one (21) years to enter and remain in a baseball 21 park, sports arena, convention center, multipurpose arena, theater that is 22 presenting live performances or fairgrounds so long as the activity, show, 23 exhibition, performance or event is lawful and the person does not violate 24 section 23-949, Idaho Code. 25 (4) upon the premises of any licensed winery notwithstanding that such 26 premises or any portion thereof may also be licensed for the sale of beer or 27 wine for consumption on the premises or that wine is dispensed and served and 28 consumed therein. 29 (5) upon the licensed premises of a wine retailer, wholly owned and oper- 30 ated by a licensed winery which retails exclusively the products of that win- 31 ery. 32 (6) at a location, other than a liquor, beer, or wine licensed premises, 33 authorized to serve alcohol beverages under a valid alcohol beverage catering 34 permit. 35 SECTION 3. That Section 23-1001, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 23-1001. DEFINITIONS. As used in this chapter: 38 (a) The word "beer" means any beverage obtained by the alcoholic fermen- 39 tation of an infusion or decoction of barley, malt and/or other ingredients in 40 drinkable water. 41 (b) The word "brewer" means a person licensed to manufacture beer. 42 (c) "Certificate of approval" means a license issued to a person whose 43 business is located outside of the state of Idaho, who sells beer to whole- 44 salers or brewers located within the state of Idaho. 45 (d) The term "dealer" means a person licensed to import beer into this 46 state for sale to a wholesaler. 47 (e) The word "director" means the director of the Idaho state police. 48 (f) The words "live performance" mean a performance occurring in a the- 49 ater and not otherwise in violation of any provision of Idaho law. 50 (g) The word "person" includes any individual, firm, copartnership, asso- 51 ciation, corporation or any group or combination acting as a unit, and the 52 plural as well as the singular number unless the intent to give a more limited 53 meaning is disclosed by the context. 4 1 (gh) The word "premises" means the building and contiguous property 2 owned, or leased or used under government permit by a licensee as part of the 3 business establishment in the business of sale of beer at retail, which prop- 4 erty is improved to include decks, docks, boardwalks, lawns, gardens, golf 5 courses, ski resorts, courtyards, patios, poolside areas or similar improved 6 appurtenances in which the sale of beer at retail is authorized under the pro- 7 visions of law. 8 (hi) The word "retailer" means a person licensed to sell beer to con- 9 sumers at premises described in the license. 10 (j) The word "theater" means a room, place or outside structure for per- 11 formances or readings of dramatic literature, plays or dramatic representa- 12 tions of an art form not in violation of any provision of Idaho law. 13 (ik) The word "wholesaler" means any person licensed to sell beer to 14 retailers, wholesalers, permittees or consumers and distribute beer from ware- 15 house premises described in the license. 16 (l) All other words and phrases used in this chapter, the definitions of 17 which are not herein given, shall be given their ordinary and commonly under- 18 stood and acceptable meanings. 19 SECTION 4. That Section 23-1010, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 23-1010. LICENSE TO SELL BEER AT RETAIL -- APPLICATION PROCEDURE AND FORM 22 -- SHOWING OF ELIGIBILITY FOR LICENSE AND DISQUALIFICATIONS. (1) Every person 23 who shall apply for a state license to sell beer at retail shall tender the 24 license fee to, and file written application for license with, the director. 25 The application shall be on a form prescribed by the director which shall 26 require such information concerning the applicant, the premises for which 27 license is sought and the business to be conducted thereon by the applicant as 28 the director may deem necessary or advisable, and which shall enable the 29 director to determine that the applicant is eligible and has none of the dis- 30 qualifications for license, as provided for in this section. If the applicant 31 is applying for a license solely for a theater that is presenting live perfor- 32 mances as those terms are defined in section 23-1001, Idaho Code, the applica- 33 tion shall so state. Such information shall include the following: 34 (a) The name and place of residence of the applicant and length of his 35 residence within the state of Idaho, and if the applicant is a partner- 36 ship, the names, places of residence and lengths of residence within the 37 state of Idaho of each partner, and, if the applicant is a corporation or 38 association, the date and place of incorporation or organization, the 39 location of its principal place of business in Idaho and the names and 40 places of residence of its officers, directors or members of its governing 41 board, and of the person who manages or will manage the business of sell- 42 ing beer at retail; 43 (b) The particular place for which the license is desired, designating 44 the same by a street and number, if practicable, or by such other apt 45 description as definitely locates such place, and the name of the owner of 46 the premises for which license is sought; 47 (2) The application shall affirmatively show: 48 (a) That the applicant is the bona fide owner of the business which will 49 be engaged in the sale of beer at retail and with respect to which license 50 is sought; 51 (b) That the condition of the place or building wherein it is proposed to 52 sell beer at retail conforms to all laws and rules of the state of Idaho 53 and to the ordinances of the county and municipality applicable thereto 5 1 relating to public health and safety and to the zoning ordinances of the 2 municipality applicable thereto; 3 (c) That there is no stamp or permit outstanding and in force which has 4 been issued to any person by the United States government for the premises 5 for which license to sell beer at retail is sought which stamp or permit 6 denotes payment of any special tax imposed by the United States government 7 on a retail dealer in liquor or wines, unless said premises are premises 8 for which a retail license for sale of liquor by the drink, issued under 9 the provisions of chapter 9, title 23, Idaho Code, is in force and effect; 10 (d) That the individual applicant, or each partner of a partnership 11 applicant, or a corporation applicant or an association applicant is qual- 12 ified to do business within the state of Idaho; 13 (e) That the applicant, if an individual, is not less than nineteen (19) 14 years of age; 15 (f) That within three (3) years immediately preceding the date of filing 16 the application the applicant has not been convicted of the violation of 17 any law of the state of Idaho, any other state, or of the United States, 18 regulating, governing or prohibiting the sale, manufacture, transportation 19 or possession of alcoholic beverages or intoxicating liquors, or, within 20 said time, suffered the forfeiture of a bond for failure to appear in 21 answer to charges of any such violation; 22 (g) That within five (5) years immediately preceding the date of filing 23 the application the applicant has not been convicted of any felony or paid 24 any fine or completed any sentence of confinement therefor within said 25 time; 26 (h) That within three (3) years next preceding the date of filing said 27 application the applicant has not had any license provided for herein, or 28 any license or permit issued to the applicant pursuant to the law of this 29 state, or any other state, or of the United States, to sell, manufacture, 30 transport or possess alcoholic beverages or intoxicating liquors, revoked. 31 (3) To determine qualification for a license, the director shall also 32 cause an investigation which shall include a fingerprint-based criminal his- 33 tory check of the Idaho central criminal history database and the federal 34 bureau of investigation criminal history database. Each person listed as an 35 applicant on an initial application shall submit a full set of fingerprints 36 and the fee to cover the cost of the criminal history background check for 37 such person with the application. 38 (4) The affirmative showing required with respect to an applicant under 39 paragraphs (e), (f), (g) and (h) of subsection (2) of this section shall also 40 be required to be made with respect to each partner of a partnership applicant 41 and to each incumbent officer, director or member of the governing board of a 42 corporation or association applicant. 43 (5) The application must be subscribed and sworn to by the individual 44 applicant, or by a partner of a partnership applicant, or by an officer or 45 manager of a corporation or association applicant, before a notary public or 46 other person authorized by law to administer oaths. 47 (6) If an applicant shall be unable to make any affirmative showing 48 required in this section or if an application shall contain a false material 49 statement, knowingly made, the same shall constitute a disqualification for 50 license and license shall be refused. If license is received on any applica- 51 tion containing a false material statement, knowingly made, such license shall 52 be revoked. If at any time during the period for which license is issued a 53 licensee becomes unable to make the affirmative showings required by this sec- 54 tion, license shall be revoked, or, if disqualification can be removed, the 55 license shall be suspended until the same shall be removed. The procedure to 6 1 be followed upon refusal, revocation or suspension of license as herein pro- 2 vided for shall be in accordance with the procedure set forth in this act. 3 (7) All licenses shall expire at 1:00 o'clock a.m. on the first day of 4 the renewal month which shall be determined by the director by administrative 5 rule and shall be subject to annual renewal upon proper application. The 6 director will determine the renewal month by county based on the number of 7 current licenses within each county, distributing renewals throughout the 8 licensing year. The director may adjust the renewal month to accommodate popu- 9 lation increases. Each licensee will be issued a temporary license to operate 10 until their renewal month has been determined. Thereafter, renewals will occur 11 annually on their renewal month. Renewal applications for licenses accompanied 12 by the required fee must be filed with the director on or before the first day 13 of the designated renewal month. Any licensee holding a valid license who 14 fails to file an application for renewal of the current license on or before 15 the first day of the designated renewal month shall have a grace period of an 16 additional thirty-one (31) days in which to file an application for renewal of 17 the license. The licensee shall not be permitted to sell beer at retail during 18 the thirty-one (31) day extended time period unless and until the license is 19 renewed. 20 SECTION 5. That Section 23-1303, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 23-1303. DEFINITIONS. The following terms as used in this chapter are 23 hereby defined as follows: 24 (a) "Wine" shall mean any alcoholic beverage containing not more than 25 sixteen percent (16%) alcohol by volume obtained by the fermentation of the 26 natural sugar content of fruits or other agricultural products containing 27 sugar whether or not other ingredients are added. 28 (b) "Director" means the director of the Idaho state police. 29 (c) "Retail wine license" means a license issued by the director, autho- 30 rizing a person to sell wine at retail for consumption off the licensed prem- 31 ises. 32 (d) "Wine distributor's license" means a license issued by the director 33 to a person authorizing such person to distribute wine to retailers within the 34 state of Idaho. 35 (e) "Wine importer's license" means a license issued by the director to a 36 person authorizing such person to import wine into the state of Idaho and to 37 sell and distribute wine to a distributor. 38 (f) "Retailer" means a person to whom a retail wine license has been 39 issued. 40 (g) "Distributor" means a person to whom a wine distributor's license has 41 been issued. 42 (h) "Importer" means a person to whom a wine importer's license has been 43 issued. 44 (i) "Winery" means a place, premises or establishment within the state of 45 Idaho for the manufacture or bottling of wine for sale. 46 (j) "Winery license" means a license issued by the director authorizing a 47 person to maintain a winery. 48 (k) "Vintner" means a person who manufactures, bottles, or sells wine to 49 importers for resale within this state other than a licensed "winery" as 50 herein defined. 51 (l) "Person" includes an individual, firm, copartnership, association, 52 corporation, or any group or combination acting as a unit, and includes the 53 plural as well as the singular unless the intent to give a more limited mean- 7 1 ing is disclosed by the context in which it is used. 2 (m) "Wine by the drink license" means a license to sell wine by the indi- 3 vidual glass or opened bottle at retail, for consumption on the premises 4 only. 5 (n) "Domestic produced product" means wine at least seventy-five percent 6 (75%) of which by volume is derived from fruit or agricultural products grown 7 in Idaho. 8 (o) "Low proof spirit beverages" means any alcoholic beverage containing 9 not more than fourteen percent (14%) alcohol by volume obtained by distilla- 10 tion mixed with drinkable water, fruit juices and/or other ingredients in 11 solution. These products shall be considered and taxed as wine. Spirit based 12 beverages exceeding fourteen percent (14%) alcohol by volume shall be consid- 13 ered as liquor and sold only through the state liquor dispensary system. 14 (p) "Theater" means a room, place or outside structure for performances 15 or readings of dramatic literature, plays or dramatic representations of an 16 art form not in violation of any provision of Idaho law. 17 (q) "Live performance" means a performance occurring in a theater and 18 not otherwise in violation of any provision of Idaho law. 19 (r) All other words and phrases used in this chapter, the definitions of 20 whichisare not herein given, shall be given their ordinary and commonly 21 understood and accepted meanings.
STATEMENT OF PURPOSE RS 12483C1 The purpose of this legislation is to allow persons under the age of 21 to attend a theater with live performances that serve beer or wine. The legislation furthers define "theater" and "live performance" as well as requires that they state they are a theater with live performances when applying for a beer and wine license. FISCAL IMPACT There is no fiscal impact to the general fund. Contact Name: Wendy Jaquet Phone: 332-1130 STATEMENT OF PURPOSE/FISCAL NOTE H 26