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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 subsectionsection. 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 subsectionsection 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