Print Friendly HOUSE BILL NO. 260 – Theater/alcohol/under 21 may attend
HOUSE BILL NO. 260
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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,
Absent and excused -- Barraclough, Field(18), Kellogg, Schaefer, Trail,
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,
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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN 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
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,
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 (1 01) "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 (1 12) "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 (1 23) "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 (1 34) "Rules" means rules promulgated by the director in accordance with
37 the provisions of law.
38 (1 45) "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
53 (1) upon the premises of any restaurant, as herein defined, or in any
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-
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
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.
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
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
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
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
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-
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
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
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-
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
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 which is are not herein given, shall be given their ordinary and commonly
21 understood and accepted meanings.
STATEMENT OF PURPOSE
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
There is no fiscal impact to the general fund.
Name: Wendy Jaquet
STATEMENT OF PURPOSE/FISCAL NOTE H 26