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S1252......................................................by STATE AFFAIRS
LIQUOR LICENSE - Amends existing law to provide that, subject to the
approval of the mayor and city council, nothing in the chapter shall
prohibit issuance of a license to the owner, operator or lessee of a food,
conference and lodging facility constructed after July 1, 2004, containing
a minimum of sixty thousand square feet and sixty guest rooms with a
minimum taxable value of fifteen million dollars in a city with a
population of less than five thousand, according to the most recent census.
01/29 Senate intro - 1st rdg - to printing
01/30 Rpt prt - to St Aff
02/12 Rpt out - rec d/p - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 24-11-0
AYES -- Bailey, Brandt, Burkett, Calabretta, Cameron, Compton,
Darrington, Gannon, Goedde, Ingram, Kennedy, Keough, Little, Lodge,
Malepeai, Marley, McWilliams, Noble, Noh, Schroeder, Sorensen,
Stegner, Stennett, Werk
NAYS -- Andreason, Bunderson, Burtenshaw, Davis, Geddes, Hill,
McKenzie, Pearce, Richardson, Sweet, Williams
Absent and excused -- None
Floor Sponsor - Sorensen
Title apvd - to House
02/23 House intro - 1st rdg - to St Aff
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/02 3rd rdg - PASSED - 48-15-7
AYES -- Barrett, Bayer, Bell, Black, Boe, Bolz, Clark, Crow, Cuddy,
Deal, Denney, Douglas, Eberle, Edmunson, Eskridge, Field(18),
Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
Kulczyk, Langhorst, Martinez, McKague, Meyer, Miller, Mitchell,
Naccarato, Pasley-Stuart, Ridinger, Ring, Ringo, Roberts, Robison,
Sayler, Shepherd, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,
Stevenson, Trail(Bennett), Wills
NAYS -- Bauer, Bedke, Block, Bradford, Cannon, Collins, Ellsworth,
Lake, Langford, McGeachin, Raybould, Rydalch, Sali, Shirley, Wood
Absent and excused -- Andersen, Barraclough, Campbell, Moyle,
Nielsen, Schaefer, Mr. Speaker
Floor Sponsor - Clark
Title apvd - to Senate
03/03 To enrol
03/04 Rpt enrol - Pres signed
03/05 Sp signed
03/08 To Governor
03/10 Governor signed
Session Law Chapter 44
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1252
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO LICENSES TO RETAIL LIQUOR; AMENDING SECTION 23-903, IDAHO CODE, TO
3 PROVIDE FOR THE ISSUANCE OF A LICENSE, SUBJECT TO APPROVAL OF THE MAYOR
4 AND CITY COUNCIL, TO THE OWNER, OPERATOR OR LESSEE OF A FOOD, CONFERENCE
5 AND LODGING FACILITY CONSTRUCTED AFTER JULY 1, 2004, CONTAINING A MINIMUM
6 OF SIXTY THOUSAND SQUARE FEET AND SIXTY GUEST ROOMS WITH A MINIMUM TAXABLE
7 VALUE OF FIFTEEN MILLION DOLLARS IN A CITY WITH A POPULATION OF LESS THAN
8 FIVE THOUSAND ACCORDING TO THE MOST RECENT CENSUS AND TO MAKE TECHNICAL
9 CORRECTIONS.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 23-903, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 23-903. LICENSE TO RETAIL LIQUOR. The director of the Idaho state police
14 is hereby empowered, authorized, and directed to issue licenses to qualified
15 applicants, as herein provided, whereby the licensee shall be authorized and
16 permitted to sell liquor by the drink at retail and, upon the issuance of such
17 license, the licensee therein named shall be authorized to sell liquor at
18 retail by the drink, but only in accordance with the rules promulgated by the
19 director and the provisions of this chapter. No license shall be issued for
20 the sale of liquor on any premises outside the incorporated limits of any city
21 except as provided in this chapter and the number of licenses so issued for
22 any city shall not exceed one (1) license for each one thousand five hundred
23 (1,500) of population of said city or fraction thereof, as established in the
24 last preceding census, or any subsequent special census conducted by the
25 United States bureau of the census or by an estimate that is statistically
26 valid including adding the number of new residential utility connections or
27 including adding the population of areas annexed into the city after the last
28 census or special census was conducted, except that upon proper application
29 thereof not more than two (2) licenses may be issued for each incorporated
30 city with a population of one thousand five hundred (1,500) or less, unless
31 the retail licensing of liquor by the drink has been previously disapproved
32 under the provisions of sections 23-917, 23-918, 23-919, 23-920 and 23-921,
33 Idaho Code; provided, however, that any license heretofore issued may be
34 renewed from year to year without regard to the population or status of the
35 city for which such license is issued. Any license issued and which has
36 remained in effect at its location for a consecutive period of ten (10) years
37 or more shall be deemed to have been validly issued and may be renewed from
38 year to year provided, however, that the applicant for the renewal of such
39 license is not otherwise disqualified for licensure pursuant to section
40 23-910, Idaho Code, and, if the premises required special characteristics for
41 original licensure, other than being either within or without the incorporated
42 limits of a city, that said premises continue to have such special character-
43 istics at the time of the application for renewal.
2
1 Nothing herein contained shall prohibit the issuance of a license to the
2 owner, operator, or lessee of an actual, bona fide golf course whether located
3 within or without the limits of any city, or located on premises also operated
4 as a winery, or ski resort, or to the lessee of any premises situate thereon,
5 no part of which ski resort or the premises thereon is situate within the
6 incorporated limits of any city. For the purpose of this section a golf course
7 shall comprise an actual, bona fide golf course, which is regularly used for
8 the playing of the game of golf, and having not less than nine (9) tees,
9 fairways and greens laid out and used in the usual and regular manner of a
10 golf course. Nine (9) hole courses must have a total yardage of at least one
11 thousand (1,000) yards, and eighteen (18) hole courses must have a total
12 yardage of at least two thousand (2,000) yards as measured by totaling the
13 tee-to-green distance of all holes. The course must be planted in grass except
14 that it may provide artificial tee mats. Where any such golf course is owned
15 or leased by an association of members and is used or enjoyed by such members,
16 or their guests, none of the disqualifications contained in section 23-910,
17 Idaho Code, shall apply to such association as a licensee where such disquali-
18 fications, or any of them, would apply only to a member of such association
19 where such member has no interest therein except as a member thereof.
20 Also for the purpose of this section a ski resort shall comprise real
21 property of not less than ten (10) acres in size, exclusive of the terrain
22 used for skiing and upon which the owner, operator, or lessee of the ski
23 resort has made available himself, or through others, including, but not lim-
24 ited to, the owners of condominiums, permanent bona fide overnight accommoda-
25 tions available to the general public for one hundred (100) persons or more,
26 and which real property is contiguous to or located within the area in which
27 skiing occurs, and which real property is regularly operated as a ski resort
28 in the winter time, and where the owner, operator, or lessee of the ski resort
29 is also the owner, operator, or lessee of the area served by a bona fide chair
30 ski lift facility or facilities. Alternatively, for the purpose of this sec-
31 tion a ski resort may also be defined as a downhill ski area, open to the pub-
32 lic, comprising real property of not less than two hundred fifty (250) skiable
33 acres, operating two (2) or more chair lifts with a vertical lift of one thou-
34 sand (1,000) feet or more, and capable of transporting a minimum of one thou-
35 sand eight hundred (1,800) skiers per hour. A ski resort qualifying under this
36 definition shall also have on the premises a lodge facility providing shelter
37 and food service to the public, the operator of which shall also be the valid
38 owner or lessee of the grounds and facilities upon which the ski resort offers
39 downhill skiing services to the public. The fees for licenses granted to ski
40 resorts shall be the same as those prescribed for golf courses as set forth in
41 section 23-904, Idaho Code. Not more than one (1) licensed premises shall be
42 permitted on any golf course or any ski resort or within the area comprising
43 the same.
44 Nothing herein contained shall prohibit the issuance of a license to the
45 owner, operator or lessee of an actual, bona fide equestrian facility located
46 on not less than forty (40) contiguous acres, with permanently erected seating
47 of not less than six thousand (6,000) seats, no part of which equestrian
48 facility or the premises thereon is situate within the incorporated limits of
49 any city, and which facility shall have at least three (3) days per year of a
50 professionally sanctioned rodeo. Not more than one (1) licensed premises shall
51 be permitted at any equestrian facility or within an area comprising such a
52 facility. The license shall be solely for the equestrian facility and shall
53 not be transferred to any other location. The fees for licenses granted to
54 equestrian facilities shall be the same as those prescribed for golf courses
55 as set forth in section 23-904, Idaho Code.
3
1 Nothing herein contained shall prohibit the issuance of a license to the
2 owner, operator, or lessee of a restaurant operated on an airport owned or
3 operated by a county or municipal corporation or on an airport owned or oper-
4 ated jointly by a county and municipal corporation, and which said airport is
5 served by a trunk or local service air carrier holding a certificate of public
6 convenience and necessity issued by the Civil Aeronautics Board of the United
7 States of America. Not more than one (1) license shall be issued on any air-
8 port.
9 Nothing herein contained shall prohibit the issuance of one (1) club
10 license to a club as defined in section 23-902, Idaho Code. The holder of a
11 club license is authorized to sell and serve alcoholic beverages for consump-
12 tion only within the licensed establishment owned, leased or occupied by the
13 club, and only to bona fide members of the club, and to serve and to sell
14 alcoholic beverages for consumption to bona fide members' guests. A club
15 license issued pursuant to the provisions of this section is not transferable
16 and may not be sold. Any club license issued pursuant to the provisions of
17 this section will revert to the director when, in his judgment, the licensee
18 ceases to operate as a bona fide club as defined in section 23-902, Idaho
19 Code. No club may hold a liquor license and a club license simultaneously. A
20 club which on July 1, 1983, holds a liquor license, may continue to possess
21 that license. Any club which possesses a liquor license on January 1, 1983, or
22 thereafter, and then sells that liquor license, may not obtain a club license,
23 and the director shall not issue a club license to that club for a period of
24 five (5) years following such sale. The fee for any license issued to a quali-
25 fying club within an incorporated municipality shall be as prescribed in sub-
26 sections (a), (b) and (c) of section 23-904, Idaho Code. The fee for any
27 license issued to a qualifying club not situate within an incorporated munici-
28 pality shall be as specified for golf courses under section 23-904(f), Idaho
29 Code. The provisions of section 23-916, Idaho Code, regarding county and city
30 licenses, shall pertain to club licenses. The burden of producing sufficient
31 documentation of qualifications for club licensure shall be with the club
32 applicant.
33 Nothing in this chapter to the contrary shall prohibit the issuance of a
34 license to the owner, operator, or lessee of an actual, bona fide convention
35 center which is within the incorporated limits of a city having a population
36 of three thousand (3,000) or greater, and which city does not have located
37 therein a convention center with a valid convention center license to sell
38 liquor by the drink. For the purpose of this section, a convention center
39 means a facility having at least thirty-five thousand (35,000) square feet of
40 floor space or a facility having at least one hundred twenty (120) sleeping
41 rooms and an adjoining meeting room which will accommodate not less than three
42 hundred fifty (350) persons, whether or not such room may be partitioned into
43 smaller rooms, and provided that such meeting room shall contain at least
44 three thousand (3,000) square feet of floor space. Such license must be placed
45 in actual use in said convention center within one (1) year from the date of
46 its issuance. The fee for any license issued to a qualifying convention center
47 shall be as prescribed in subsection (c) of section 23-904, Idaho Code. No
48 license issued to a convention center hereunder shall be transferable to
49 another location or facility, nor shall the holder of a convention center
50 license be eligible for the issuance of a license in the same city pursuant to
51 any other provision of this chapter. For purposes of this section, the term
52 holder shall include an owner, operator or lessee and shall include a stock-
53 holder, director, or officer of a corporation, or a partner in a partnership,
54 which corporation or partnership has been issued a convention center license
55 pursuant to this chapter. Not more than one (1) licensed premises shall be
4
1 permitted on any convention center or within the area comprising the same,
2 including convention centers that also comprise golf courses or ski resorts as
3 herein defined.
4 Nothing in this chapter shall prohibit the issuance of a license to the
5 owner, operator or lessee of a food, beverage and/or lodging facility that has
6 been in continuous operation in the same location for at least seventy-five
7 (75) years, except for temporary closings for refurbishing or reconstruction,
8 or a food, beverage and lodging facility serving the public by reservation
9 only, having a minimum of five (5) rooms operating in a structure that has
10 been in existence for at least seventy-five (75) years and has been on the
11 historic register for a minimum of ten (10) years, is situated within five
12 hundred (500) yards of a natural lake containing a minimum of thirty-six thou-
13 sand (36,000) acre feet of water when full with a minimum of thirty-two (32)
14 miles of shoreline, and is located in a county with a minimum population of
15 sixty-five thousand (65,000). The provisions of section 23-910, Idaho Code,
16 shall apply to licenses issued to continuous operation facilities. The fees
17 shall be the same as those prescribed for golf courses as set forth in section
18 23-904, Idaho Code. Licenses issued to continuous operation facilities are not
19 transferable.
20 Nothing in this chapter shall prohibit the issuance of a license to the
21 owner, operator or lessee of the lodging, dining and entertainment facilities
22 owned by a gondola resort complex and operated in conjunction with the other
23 public services provided by a gondola resort complex located within the
24 ownership/leasehold boundaries of a gondola resort complex.
25 A gondola resort complex means an actual, bona fide gondola capable of
26 transporting people for recreational and/or entertainment purposes at least
27 three (3) miles in length with a vertical rise of three thousand (3,000) feet,
28 portions of which may be located within or over the limits of one (1) or more
29 cities.
30 Nothing in this chapter shall prohibit the issuance of a license to the
31 owner, operator or lessee of a winery also operating a golf course on the
32 premises.
33 Subject to approval of the mayor and city council, nothing in this chap-
34 ter shall prohibit the issuance of a license to the owner, operator or lessee
35 of a food, conference and lodging facility constructed after July 1, 2004,
36 containing a minimum of sixty thousand (60,000) square feet and sixty (60)
37 guest rooms with a minimum taxable value of fifteen million dollars
38 ($15,000,000) in a city with a population of less than five thousand (5,000)
39 according to the most recent census.
40 The provisions of section 23-910, Idaho Code, shall apply to licenses
41 issued under the provisions of this subsection section. The fees shall be the
42 same as those prescribed for golf courses as set forth in section 23-904,
43 Idaho Code. Licenses issued under the provisions of this subsection section
44 are not transferable.
STATEMENT OF PURPOSE
RS 13737
The purpose of RS13737 is to encourage tourism and economic
development in Idaho's smaller communities by allowing the Mayor
and City Council of cities with a population of 5,000 or less to
approve the issuing of a non transferable liquor license in
exchange for a fifteen million dollar or greater taxable
investment in newly constructed lodging and hospitality
facilities
FISCAL IMPACT
Any time a non transferable liquor license is issued as a result
of this act becoming law, tangible economic development has
occurred and there will be positive fiscal impact on the city,
the state general account and the affected local taxing
districts.
Contact
Name: Senator Sheila Sorensen
Phone: 208-332-1319
STATEMENT OF PURPOSE/FISCAL NOTE S 1252