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S1264......................................................by STATE AFFAIRS
LIQUOR - SUNDAY SALES - Adds to and amends existing law to provide for the
sale or delivery of any alcoholic liquor in, on, or from the premises of
any state liquor store or distributing station in a county on any Sunday
which does not fall on Christmas Day, by resolution of the county
commissioners, or by a local option county election; to provide for the
form of the local option county election ballot; to provide the effect of a
local option county election; and to provide for subsequent local option
county elections.
02/02 Senate intro - 1st rdg - to printing
02/03 Rpt prt - to St Aff
02/16 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/23 3rd rdg - PASSED - 23-9-3
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Calabretta,
Compton, Gannon, Goedde, Ingram, Kennedy, Keough, Little, Lodge,
Malepeai, McKenzie, McWilliams, Schroeder, Sorensen, Stegner,
Stennett, Sweet, Werk
NAYS -- Burtenshaw, Cameron, Darrington, Davis, Geddes, Marley, Noh,
Pearce, Williams
Absent and excused -- Hill, Noble, Richardson
Floor Sponsor - Little
Title apvd - to House
02/24 House intro - 1st rdg - to St Aff
03/01 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 42-26-2
AYES -- Barrett, Bayer, Boe, Bolz, Campbell, Clark, Crow, Cuddy,
Deal, Denney, Douglas, Eberle, Edmunson, Eskridge, Gagner, Garrett,
Henbest, Jaquet, Jones, Kellogg, Langhorst, Martinez, McKague, Meyer,
Miller, Mitchell, Naccarato, Pasley-Stuart, Ridinger, Ring, Ringo,
Robison, Sayler, Schaefer, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Trail, Wills, Mr. Speaker
NAYS -- Andersen, Barraclough, Bauer, Bedke, Bell, Black, Block,
Bradford, Cannon, Collins, Ellsworth, Field(18), Field(23), Kulczyk,
Lake, Langford, McGeachin, Moyle, Nielsen, Raybould, Roberts,
Rydalch, Sali, Shirley, Stevenson, Wood
Absent and excused -- Harwood, Shepherd
Floor Sponsor - Meyer
Title apvd - to Senate
03/09 To enrol
03/10 Rpt enrol - Pres signed
03/11 Sp signed
03/12 To Governor
03/18 Governor signed
Session Law Chapter 79
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1264
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO LOCAL LIQUOR STORES AND DISTRIBUTING STATIONS; AMENDING SECTION
3 23-307, IDAHO CODE, TO PROVIDE AN EXCEPTION TO THE PROHIBITION ON SALES OR
4 DELIVERY OF ANY ALCOHOLIC LIQUOR IN, ON, OR FROM THE PREMISES OF ANY STATE
5 LIQUOR STORE OR DISTRIBUTING STATION ON SUNDAYS AND TO MAKE TECHNICAL COR-
6 RECTIONS; AMENDING CHAPTER 3, TITLE 23, IDAHO CODE, BY THE ADDITION OF A
7 NEW SECTION 23-308, IDAHO CODE, TO PROVIDE FOR THE SALE OR DELIVERY OF ANY
8 ALCOHOLIC LIQUOR IN, ON, OR FROM THE PREMISES OF ANY STATE LIQUOR STORE OR
9 DISTRIBUTING STATION IN A COUNTY ON ANY SUNDAY WHICH DOES NOT FALL ON
10 CHRISTMAS DAY BY RESOLUTION OF THE COUNTY COMMISSIONERS, OR BY A LOCAL
11 OPTION COUNTY ELECTION HELD FOR THE PURPOSE OF DETERMINING WHETHER SUCH
12 SALES SHALL BE ALLOWED; AMENDING CHAPTER 3, TITLE 23, IDAHO CODE, BY THE
13 ADDITION OF A NEW SECTION 23-308A, IDAHO CODE, TO PROVIDE FOR THE FORM OF
14 THE LOCAL OPTION COUNTY ELECTION BALLOT; AMENDING CHAPTER 3, TITLE 23,
15 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 23-308B, IDAHO CODE, TO PRO-
16 VIDE FOR THE EFFECT OF A LOCAL OPTION COUNTY ELECTION; AND AMENDING CHAP-
17 TER 3, TITLE 23, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 23-308C,
18 IDAHO CODE, TO PROVIDE FOR SUBSEQUENT LOCAL OPTION COUNTY ELECTIONS.
19 Be It Enacted by the Legislature of the State of Idaho:
20 SECTION 1. That Section 23-307, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 23-307. DAYS WHEN SALES ARE PROHIBITED. It shall be unlawful to transact
23 the sale or delivery of any alcoholic liquor in, on, or from the premises of
24 any state liquor store or distribution distributing station;:
25 (a) After the closing hours as established by the dispensary.
26 (b) On any Thanksgiving, Christmas or Memorial Day.
27 (c) On any Sunday, except as provided by county option pursuant to sec-
28 tion 23-308, Idaho Code.
29 (d) On any national or state election day.
30 (e) On any municipal election day held in the municipality in which a
31 store or distributing station may be situated during the time the polls
32 are open.
33 (f) During such other periods or days as may be designated by the dispen-
34 sary.
35 SECTION 2. That Chapter 3, Title 23, Idaho Code, be, and the same is
36 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
37 ignated as Section 23-308, Idaho Code, and to read as follows:
38 23-308. COUNTY OPTION SUNDAY LIQUOR SALES -- RESOLUTION OF COUNTY COMMIS-
39 SIONERS -- LOCAL OPTION COUNTY ELECTION. (1) The board of county commissioners
40 of each county may, by resolution regularly adopted, allow for the sale or
41 delivery of any alcoholic liquor in, on, or from the premises of any state
2
1 liquor store or distributing station in the county on any Sunday which does
2 not fall on Christmas Day, and such sales shall be allowed so long as the res-
3 olution remains in effect. If such a resolution is adopted by the board, a
4 copy of such resolution shall be delivered to the superintendent of the state
5 liquor dispensary and to the director of the Idaho state police.
6 (2) Within thirty (30) days after the effective date of this act, a peti-
7 tion in writing signed by not less than twenty percent (20%) of the regis-
8 tered, qualified electors of any county may be filed with the clerk of said
9 county requesting an election to be held to determine whether or not the sale
10 or delivery of any alcoholic liquor in, on, or from the premises of any state
11 liquor store or distributing station in the county on any Sunday which does
12 not fall on Christmas Day, shall be allowed.
13 (3) In the event a petition is presented, the county commissioners of any
14 such county shall, within five (5) days after the presentation of the peti-
15 tion, meet and determine the sufficiency thereof by ascertaining whether such
16 petition is signed by the required number of registered, qualified electors of
17 the county affected.
18 (4) In the event that a petition does not contain the required number of
19 certified signatures, the commissioners shall inform the person or organiza-
20 tion under whose authority the petition was circulated that the petition is
21 defective for lack of certified signatures, and specify the number of addi-
22 tional signatures required to make the petition valid. The petition must be
23 perfected within sixty (60) days of the date that the commissioners find the
24 petition defective for lack of certified signatures. If the petition is not
25 perfected within the sixty (60) day period, the commissioners shall declare
26 the petition null and void ab initio in its entirety.
27 (5) In the event the county commissioners of said county determine that
28 the petition is signed by the required percentage of registered, qualified
29 electors, the commissioners shall forthwith make an order calling an election
30 to be held within the county, subject to the provisions of section 34-106,
31 Idaho Code, in the manner provided by law for holding elections for county
32 officers. All the laws of the state of Idaho relating to the holding of elec-
33 tions of county officers for such county shall apply to the holding of the
34 election provided for in this section. In addition to the other requirements
35 of law, the notice of election shall notify the electors of the issue to be
36 voted upon at said election.
37 SECTION 3. That Chapter 3, Title 23, Idaho Code, be, and the same is
38 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
39 ignated as Section 23-308A, Idaho Code, and to read as follows:
40 23-308A. FORM OF LOCAL OPTION COUNTY ELECTION BALLOT. The county clerk
41 shall furnish the ballots to be used in the local option county election,
42 which ballots shall contain the following words:
43 "Shall the sale or delivery of any alcoholic liquor in, on, or
44 from the premises of any state liquor store or distributing station
45 be allowed on any Sunday which does not fall on Christmas Day, Yes."
46 "Shall the sale or delivery of any alcoholic liquor in, on, or
47 from the premises of any state liquor store or distributing station
48 be allowed on any Sunday which does not fall on Christmas Day, No."
49 and the elector in order to vote must mark an "X" or other mark sufficient to
50 show his intent, opposite one (1) of the questions in a space provided there-
51 for.
52 SECTION 4. That Chapter 3, Title 23, Idaho Code, be, and the same is
3
1 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
2 ignated as Section 23-308B, Idaho Code, and to read as follows:
3 23-308B. EFFECT OF LOCAL OPTION COUNTY ELECTION. Upon a canvass of the
4 votes cast, the clerk of the county shall certify the result thereof to the
5 director and to the superintendent of the state liquor dispensary. If a major-
6 ity of the votes cast are "Shall the sale or delivery of any alcoholic liquor
7 in, on, or from the premises of any state liquor store or distributing station
8 be allowed on any Sunday which does not fall on Christmas Day, Yes," then all
9 liquor stores and distributing stations in the county shall be allowed to
10 transact the sale or delivery of any alcoholic liquor in, on, or from all such
11 premises in the county on any Sunday which does not fall on Christmas Day.
12 SECTION 5. That Chapter 3, Title 23, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 23-308C, Idaho Code, and to read as follows:
15 23-308C. SUBSEQUENT LOCAL OPTION COUNTY ELECTIONS. A similar local county
16 option election may be subsequently called and held upon the issue of whether
17 the sale or delivery of any alcoholic liquor in, on, or from the premises of
18 any state liquor store or distributing station shall be allowed on any Sunday
19 which does not fall on Christmas Day. Such subsequent election shall be held
20 upon the filing of a petition, as provided in section 23-308, Idaho Code,
21 signed by the requisite percentage of qualified electors. No such subsequent
22 election shall be held more often than two (2) years after the holding of any
23 local option county election or subsequent election.
STATEMENT OF PURPOSE
RS 13591C1
This proposed legislation would allow, through local county
option, state liquor and contract stores to sell distilled
spirits on Sundays. This legislation provides for local boards
of county commissioners or the county voters to approve the sale
of distilled spirits in their county on Sunday.
Idaho law currently provides for Sunday sales, through local
option, of alcoholic products such as beer, table wine, dessert
wine, and some packaged alcohol cocktails.
There are currently 100 contract liquor stores, many of which are
grocery stores already serving customers on Sundays, however they
are now prohibited from selling or accepting delivery of
distilled spirits on Sunday.
Sunday is now the second biggest shopping day of the week.
Allowing the sale of distilled spirits on Sunday in Idaho would
give customers added convenience, particularly in Idaho's fast-
growing resort areas. Contract stores would benefit from
increased commissions, and the additional foot-traffic and
product sales created in their small rural stores.
Additionally, Sunday sales of distilled spirits would lead to
increased revenues for the State Treasury, the primary
beneficiaries being the Drug and Family Court Fund and local
cities and counties.
Today, 27 states permit Sunday sales of distilled spirit
products, and other states have legislation pending. In the last
18 months, six states have passed Sunday sales laws. Arizona,
California, Nevada, New Mexico, Oregon, and Wyoming already allow
Sunday sales.
FISCAL IMPACT
Conservative calculations indicate this legislation would
generate, at minimum, $750,000 to the State of Idaho. Of this
total, $40,000 would accrue to the Drug and Family Court Fund,
with $710,000 distributed to cities and counties.
Contact: Suzanne Budge Schaefer 345-6632 S 1264
Pam Eaton 342-001