2005 Legislation
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HOUSE BILL NO. 291 – Liquor license, golf course, change

HOUSE BILL NO. 291

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN 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.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                                     Moved 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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN 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 / Fiscal Impact



                       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