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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
|||| 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
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