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H0291aaS...................................................by STATE AFFAIRS LIQUOR LICENSES - Amends and adds to existing law relating to liquor licenses; to provide for the continuation of golf course liquor licenses following a change of land use. 03/03 House intro - 1st rdg - to printing 03/04 Rpt prt - to St Aff 03/09 Rpt out - rec d/p - to 2nd rdg 03/10 2nd rdg - to 3rd rdg 03/11 3rd rdg - PASSED - 44-22-4 AYES -- Anderson, Bastian, Bilbao, Black, Boe, Bolz, Bradford, Chadderdon, Clark, Collins, Edmunson, Eskridge, Field(18), Garrett, Hart, Henbest, Henderson, Jaquet, Jones, Kemp, LeFavour, Martinez, McGeachin, McKague, Miller, Mitchell, Nonini, Pasley-Stuart, Pence, Ring, Ringo, Roberts, Rusche, Sayler, Schaefer, Shepherd(2), Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills, Mr. Speaker NAYS -- Andrus, Barraclough, Barrett, Bayer, Bedke, Bell, Block, Cannon, Denney, Ellsworth, Harwood, Lake, Loertscher, Mathews, Moyle, Nielsen, Raybould, Rydalch, Sali, Shepherd(8), Shirley, Stevenson Absent and excused -- Crow, Deal, Field(23), Wood Floor Sponsor - Jaquet Title apvd - to Senate 03/14 Senate intro - 1st rdg - to St Aff 03/24 Rpt out - to 14th Ord Rpt out amen - to 1st rdg as amen 03/25 1st rdg - to 2nd rdg as amen 03/29 2nd rdg - to 3rd rdg as amen Rls susp - PASSED - 24-10-1 AYES -- Andreason, Brandt, Broadsword, Burkett, Burtenshaw, Coiner, Compton, Corder, Gannon, Goedde, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Schroeder, Stegner, Stennett, Werk NAYS -- Cameron, Darrington, Davis, Fulcher, Geddes, Hill, Jorgenson, Richardson, Sweet, Williams Absent and excused -- Bunderson Floor Sponsor - Stennett Title apvd - to House 03/30 House concurred in Senate amens - to engros 03/31 Rpt engros - 1st rdg - to 2nd rdg as amen 04/01 2nd rdg - to 3rd rdg as amen 04/04 3rd rdg as amen - PASSED - 43-22-5 AYES -- Anderson, Bilbao, Black, Boe, Bolz, Bradford, Chadderdon, Collins, Deal, Denney, Edmunson, Eskridge, Field(18), Garrett, Hart, Henbest, Henderson, Jaquet, Jones, Kemp, LeFavour, Martinez, McKague, Miller, Mitchell, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Rusche, Sayler(Callen), Schaefer, Shepherd(2), Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wills, Mr. Speaker NAYS -- Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Block, Cannon, Ellsworth(Ellsworth), Field(23), Harwood, Lake, Loertscher, Mathews, McGeachin, Moyle, Nielsen, Rydalch, Sali, Shepherd(8), Shirley Absent and excused -- Clark, Crow, Roberts, Trail, Wood Floor Sponsor - Jaquet Title apvd - To enrol - Rpt enrol - Sp signed 04/05 Pres signed - To Governor 04/12 Governor signed Session Law Chapter 357 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 291 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO LIQUOR LICENSES; AMENDING SECTION 23-903b, IDAHO CODE, TO PROVIDE 3 AN EXCEPTION; AND AMENDING CHAPTER 9, TITLE 23, IDAHO CODE, BY THE ADDI- 4 TION OF A NEW SECTION 23-956, IDAHO CODE, TO PROVIDE FOR THE CONTINUATION 5 OF GOLF COURSE LIQUOR LICENSES FOLLOWING CHANGE OF LAND USE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 23-903b, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 23-903b. LICENSES ISSUED TO OWNERS, OPERATORS OR LESSEES OF GOLF COURSES, 10 SKI RESORTS, CROSS-COUNTRY SKIING FACILITIES AND WATERFRONT RESORTS -- LIMITA- 11 TIONS ON SALES OR TRANSFERS. No license issued to an owner, operator, or les- 12 see of a golf course, ski resort, cross-country skiing facility or waterfront 13 resort, as defined in sections 23-903, 23-948 and 23-952, Idaho Code, shall be 14 transferable to another location or facility, except as otherwise provided in 15 section 23-956, Idaho Code. 16 SECTION 2. That Chapter 9, Title 23, Idaho Code, be, and the same is 17 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 18 ignated as Section 23-956, Idaho Code, and to read as follows: 19 23-956. CONTINUATION OF GOLF COURSE LIQUOR LICENSE FOLLOWING CHANGE OF 20 LAND USE. Nothing contained in this chapter shall prohibit the issuance of a 21 license to the owner, operator, or lessee of a premises previously licensed as 22 a golf course under the provisions of section 23-903, Idaho Code, following 23 termination of the golf course use and conversion of the premises to another 24 use or uses, provided that the golf course was operated as such for a minimum 25 of twenty (20) seasons prior to such termination. The provisions of section 26 23-910, Idaho Code, shall be applicable to licenses issued pursuant to this 27 section. The fees for licenses granted under the provisions of this section 28 shall be the same as those prescribed for golf courses as set forth in section 29 23-904, Idaho Code. Licenses issued under the provisions of this section are 30 not transferable away from the premises. Upon termination of the golf course 31 use, no part of the premises shall be eligible for the issuance of an addi- 32 tional license pursuant to section 23-955, Idaho Code, due to a split in own- 33 ership which occurs after such termination. The eligibility to obtain a 34 license pursuant to this section following termination of the golf course use 35 shall, in the event of a later split in ownership of the premises, be allo- 36 cated to one (1) of the parcels resulting from such split, either by contract 37 between the parties to the split or by grant or reservation in the deed of 38 conveyance. In the event the contract between the parties or the deed of con- 39 veyance fails to specify which parcel retains eligibility under this section, 40 eligibility shall be deemed to be retained by the parcel upon which is, or 41 was, located the greater share of physical improvements at or within which 2 1 alcohol was served prior to the split in ownership. Upon any further split of 2 the parcel retaining eligibility to obtain a license pursuant to this section, 3 the same restrictions shall apply to the new split in ownership and any future 4 splits of the parcel retaining such eligibility, such that there shall never 5 be more than one (1) license issued pursuant to this section for the land con- 6 stituting the original golf course premises. Nothing in this section shall 7 prohibit the issuance of a license to the owner, operator or lessee of any 8 split-off parcel to the extent such parcel qualifies for a license under any 9 other provision of this chapter.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005Moved by Stennett Seconded by Little IN THE SENATE SENATE AMENDMENT TO H.B. NO. 291 1 AMENDMENTS TO SECTION 2 2 On page 1 of the printed bill, in line 24, delete "operated as such" and 3 insert: "licensed as a golf course under the provisions of section 23-903, 4 Idaho Code,"; in line 25, delete "seasons" and insert: "years"; and in line 5 29, following "Code" insert: ", unless the premises is located within the 6 incorporated limits of any city, in which case the fee shall be the same as 7 that prescribed for a license in a city of that size as set forth in section 8 23-904, Idaho Code".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 291, As Amended in the Senate BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO LIQUOR LICENSES; AMENDING SECTION 23-903b, IDAHO CODE, TO PROVIDE 3 AN EXCEPTION; AND AMENDING CHAPTER 9, TITLE 23, IDAHO CODE, BY THE ADDI- 4 TION OF A NEW SECTION 23-956, IDAHO CODE, TO PROVIDE FOR THE CONTINUATION 5 OF GOLF COURSE LIQUOR LICENSES FOLLOWING CHANGE OF LAND USE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 23-903b, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 23-903b. LICENSES ISSUED TO OWNERS, OPERATORS OR LESSEES OF GOLF COURSES, 10 SKI RESORTS, CROSS-COUNTRY SKIING FACILITIES AND WATERFRONT RESORTS -- LIMITA- 11 TIONS ON SALES OR TRANSFERS. No license issued to an owner, operator, or les- 12 see of a golf course, ski resort, cross-country skiing facility or waterfront 13 resort, as defined in sections 23-903, 23-948 and 23-952, Idaho Code, shall be 14 transferable to another location or facility, except as otherwise provided in 15 section 23-956, Idaho Code. 16 SECTION 2. That Chapter 9, Title 23, Idaho Code, be, and the same is 17 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 18 ignated as Section 23-956, Idaho Code, and to read as follows: 19 23-956. CONTINUATION OF GOLF COURSE LIQUOR LICENSE FOLLOWING CHANGE OF 20 LAND USE. Nothing contained in this chapter shall prohibit the issuance of a 21 license to the owner, operator, or lessee of a premises previously licensed as 22 a golf course under the provisions of section 23-903, Idaho Code, following 23 termination of the golf course use and conversion of the premises to another 24 use or uses, provided that the golf course was licensed as a golf course under 25 the provisions of section 23-903, Idaho Code, for a minimum of twenty (20) 26 years prior to such termination. The provisions of section 23-910, Idaho Code, 27 shall be applicable to licenses issued pursuant to this section. The fees for 28 licenses granted under the provisions of this section shall be the same as 29 those prescribed for golf courses as set forth in section 23-904, Idaho Code, 30 unless the premises is located within the incorporated limits of any city, in 31 which case the fee shall be the same as that prescribed for a license in a 32 city of that size as set forth in section 23-904, Idaho Code. Licenses issued 33 under the provisions of this section are not transferable away from the prem- 34 ises. Upon termination of the golf course use, no part of the premises shall 35 be eligible for the issuance of an additional license pursuant to section 36 23-955, Idaho Code, due to a split in ownership which occurs after such termi- 37 nation. The eligibility to obtain a license pursuant to this section following 38 termination of the golf course use shall, in the event of a later split in 39 ownership of the premises, be allocated to one (1) of the parcels resulting 40 from such split, either by contract between the parties to the split or by 41 grant or reservation in the deed of conveyance. In the event the contract 2 1 between the parties or the deed of conveyance fails to specify which parcel 2 retains eligibility under this section, eligibility shall be deemed to be 3 retained by the parcel upon which is, or was, located the greater share of 4 physical improvements at or within which alcohol was served prior to the split 5 in ownership. Upon any further split of the parcel retaining eligibility to 6 obtain a license pursuant to this section, the same restrictions shall apply 7 to the new split in ownership and any future splits of the parcel retaining 8 such eligibility, such that there shall never be more than one (1) license 9 issued pursuant to this section for the land constituting the original golf 10 course premises. Nothing in this section shall prohibit the issuance of a 11 license to the owner, operator or lessee of any split-off parcel to the extent 12 such parcel qualifies for a license under any other provision of this chapter.
STATEMENT OF PURPOSE RS 15079C1 This legislation would allow a facility which has been operated as a golf course for twenty years to maintain its golf course liquor license following closure of the golf course and conversion of the real property to another use. This would allow valuable real property to be converted from a golf course to its highest and best use without having to give up a long-standing liquor license associated with the property. Like all golf course liquor licenses, these liquor licenses would not be transferable to a different location. The entire original golf course parcel would only be eligible for one license under this section going forward, even if the property is split into multiple parcels in the future. This legislation would not increase the number of liquor licences in the state of Idaho. FISCAL NOTE There is no fiscal impact. Contact Name: Representative Wendy Jaquet Phone: 208-332-1130 Name: Representative Jim Clark Phone: 208-332-1000 Name: Patrick Collins Phone: 208-388-4828 STATEMENT OF PURPOSE/FISCAL NOTE H 291