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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 - 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.
]]]] 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".
]]]] 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
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