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S1384......................................by LOCAL GOVERNMENT AND TAXATION LIQUOR LICENSES - Amends and adds to existing law relating to liquor licenses to create an Alcohol Beverage Control Fund and to provide the use of the fund moneys; to provide for a full service restaurant and a hotel liquor license; to remove the requirement that a county license be obtained for a licensed premises located in an incorporated city; to provide for a license fee; to allow counties and cities to limit the number of such licenses; to provide that such licenses are nontransferrable; and to provide definitions. 02/10 Senate intro - 1st rdg - to printing 02/13 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1384 BY LOCAL GOVERNMENT AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO LIQUOR LICENSES; AMENDING SECTION 23-940, IDAHO CODE, TO CREATE AN 3 ALCOHOL BEVERAGE CONTROL FUND AND TO PROVIDE FOR THE USE OF THE FUND 4 MONEYS; AMENDING CHAPTER 9, TITLE 23, IDAHO CODE, BY THE ADDITION OF A NEW 5 SECTION 23-957, IDAHO CODE, TO PROVIDE FOR A FULL SERVICE RESTAURANT 6 LIQUOR LICENSE, TO PROVIDE THAT A COUNTY LICENSE IS NOT REQUIRED FOR A 7 LICENSED PREMISES LOCATED IN AN INCORPORATED CITY, TO PROVIDE FOR A 8 LICENSE FEE, TO ALLOW COUNTIES AND CITIES TO LIMIT THE NUMBER OF SUCH 9 LICENSES, TO PROVIDE THAT SUCH LICENSES ARE NONTRANSFERABLE AND TO PROVIDE 10 DEFINITIONS; AND AMENDING CHAPTER 9, TITLE 23, IDAHO CODE, BY THE ADDITION 11 OF A NEW SECTION 23-958, IDAHO CODE, TO PROVIDE FOR A HOTEL LIQUOR 12 LICENSE, TO PROVIDE FOR REQUIREMENTS FOR SUCH LICENSE, TO PROVIDE THAT A 13 COUNTY LICENSE IS NOT REQUIRED FOR A LICENSED PREMISES LOCATED IN AN 14 INCORPORATED CITY, TO PROVIDE FOR A LICENSE FEE, TO ALLOW COUNTIES AND 15 CITIES TO LIMIT THE NUMBER OF SUCH LICENSES AND TO PROVIDE THAT SUCH 16 LICENSES ARE NONTRANSFERABLE. 17 Be It Enacted by the Legislature of the State of Idaho: 18 SECTION 1. That Section 23-940, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 23-940.DISPOSITION OF FUNDSFEES -- ALCOHOL BEVERAGE CONTROL FUND. (1) 21 All moneys collected by the director from license fees pursuant to sections 22 23-957 and 23-958, Idaho Code, shall be remitted to the alcohol beverage con- 23 trol fund which is hereby created in the state treasury. Moneys in the alcohol 24 beverage control fund may be appropriated for the operational expenses of the 25 alcohol beverage control bureau of the Idaho state police in carrying out the 26 provisions of and in the performance of all of its duties under this title and 27 the rules promulgated pursuant thereto by the director of the Idaho state 28 police. 29 (2) All other moneys collected by the director under thisacttitle shall 30 be paid over to the state treasurer and placed to the credit of the general 31 fund. 32 SECTION 2. That Chapter 9, Title 23, Idaho Code, be, and the same is 33 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 34 ignated as Section 23-957, Idaho Code, and to read as follows: 35 23-957. FULL SERVICE RESTAURANT LIQUOR LICENSE. (1) Notwithstanding sec- 36 tion 23-903, Idaho Code, qualified applicants may apply to the director for a 37 full service restaurant liquor license within or outside of an incorporated 38 city. 39 (2) As an exception to the provisions of section 23-916, Idaho Code, the 40 applicant for a full service restaurant liquor license as provided in this 41 section is not required to obtain a full service restaurant liquor license 2 1 from a county, provided that the full service restaurant premises is located 2 wholly within the limits of an incorporated city. 3 (3) As an exception to the provisions of section 23-904, Idaho Code, the 4 annual fee for the full service restaurant liquor license provided in this 5 section shall be two thousand five hundred dollars ($2,500) and shall be paid 6 to and collected by the director prior to the issuance of the license. The 7 license fee provided in this subsection is exclusive of and in addition to 8 other license fees chargeable in the state of Idaho. The county or incorpo- 9 rated city which issues a full service restaurant liquor license under this 10 section may impose and collect a fee for its use and benefit not to exceed 11 seventy-five percent (75%) of the amount of the license fee collected by the 12 director as provided in this subsection. 13 (4) A county in an unincorporated area or an incorporated city may limit 14 the number of full service restaurant liquor licenses issued under this sec- 15 tion. 16 (5) A full service restaurant liquor license issued under this section 17 shall not be transferred or sold. Any full service restaurant liquor license 18 issued pursuant to this section shall revert to the director when, in the 19 director's judgment, the licensee ceases to operate as a full service restau- 20 rant as defined in this section. 21 (6) The following definitions shall apply to this section: 22 (a) "Dining seating" means table seating that is designed to accommodate 23 patrons for the purpose of consuming food, and located in areas of the 24 premises regularly used by patrons daily during normal business hours. 25 (b) "Distinctly different" means meals that differ substantially in their 26 principal item. For example, different kinds of sandwiches are not dis- 27 tinct from each other and different kinds of pizza are not distinct from 28 each other. 29 (c) "Full service restaurant" means a restaurant that is primarily 30 engaged in providing food services to patrons who order and are served 31 while seated, i.e., waiter or waitress service, and who pay after eating. 32 In addition, a full service restaurant must meet the following require- 33 ments: 34 (i) The provisions of section 23-927, Idaho Code, shall apply, 35 except that the sale of alcoholic beverages must be limited to 36 between the hours of 10 o'clock a.m. and 11 o'clock p.m.; 37 (ii) The restaurant is advertised and held out to the public as pri- 38 marily a food eating establishment; 39 (iii) At least forty percent (40%) of the restaurant's consumable 40 purchases are derived from purchases of food and nonalcoholic bever- 41 ages; 42 (iv) The restaurant must make available to its patrons an offering 43 of five (5) distinctly different regular meals during the hours of 44 liquor sales; 45 (v) The restaurant must provide only dining seating; 46 (vi) The restaurant must not offer or advertise discount prices for 47 alcoholic beverages; and 48 (vii) No off restaurant premises sale of liquor is permitted. 49 (d) "Regular meal" means a combination of food items that are prepared 50 and cooked on the full service restaurant premises that includes one (1) 51 principal item and one (1) side dish. Examples of principal items are 52 fish, beef, chicken, pasta and sandwich. Examples of side dishes are pota- 53 toes, potato salad, rice, french fries, beans and vegetables. 54 (e) "Restaurant" means a restaurant as defined in section 23-942, Idaho 55 Code. 3 1 SECTION 3. That Chapter 9, Title 23, Idaho Code, be, and the same is 2 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 3 ignated as Section 23-958, Idaho Code, and to read as follows: 4 23-958. HOTEL LIQUOR LICENSE. (1) Notwithstanding section 23-903, Idaho 5 Code, qualified applicants may apply to the director for a hotel liquor 6 license within or outside an incorporated city. To qualify for a hotel liquor 7 license, the hotel must meet the following requirements: 8 (a) The provisions of section 23-927, Idaho Code, shall apply, except 9 that the sale of alcoholic beverages must be limited to between the hours 10 of 10 o'clock a.m. and 12 o'clock a.m.; 11 (b) The hotel must be a building or structure kept, used, maintained or 12 advertised as an inn, hotel or public lodging house, or place where sleep- 13 ing accommodations are furnished for hire to transient guests, whether 14 with or without meals, and must have a minimum of sixty (60) rooms used 15 for the accommodation of transient guests; 16 (c) The hotel must not offer or advertise discount prices for alcoholic 17 beverages; and 18 (d) No off hotel premises sale of liquor is permitted. 19 (2) As an exception to the provisions of section 23-916, Idaho Code, the 20 applicant for a hotel liquor license as provided in this section is not 21 required to obtain a hotel liquor license from a county, provided that the 22 hotel premises is located wholly within the limits of an incorporated city. 23 (3) As an exception to the provisions of section 23-904, Idaho Code, the 24 annual fee for the hotel liquor license provided in this section shall be two 25 thousand five hundred dollars ($2,500) and shall be paid to and collected by 26 the director prior to the issuance of the license. The license fee provided in 27 this subsection is exclusive of and in addition to other license fees charge- 28 able in the state of Idaho. The county or incorporated city which issues a 29 hotel liquor license under this section may impose and collect a fee for its 30 use and benefit not to exceed seventy-five percent (75%) of the amount of the 31 license fee collected by the director as provided in this subsection. 32 (4) A county in an unincorporated area or an incorporated city may limit 33 the number of hotel liquor licenses issued under this section. 34 (5) A hotel liquor license issued under this section shall not be trans- 35 ferred or sold. Any hotel liquor license issued pursuant to this section shall 36 revert to the director when, in the director's judgment, the licensee ceases 37 to operate as a hotel as provided in subsection (1) of this section.
STATEMENT OF PURPOSE RS 15961 This legislation relates to liquor licenses in Idaho; amending Section 23-940, Idaho Code, to create an Alcohol Beverage Control Fund and to provide for the use of the fund moneys; amending Chapter 9, Title 23, Idaho Code, by the addition of a new Section 23-957, Idaho Code, to provide for a full service restaurant liquor license, to provide for a license fee, to allow counties and cities to limit the number of such licenses, to provide that such licenses are nontransferable and to provide definitions; and amending Chapter 9, Title 23, Idaho Code, by the addition of a new Section 23-958, Idaho Code, to provide for a hotel liquor license, to provide for requirements for such license, to provide for a license fee, to allow counties and cities to limit the number os such licenses and to provide that such licenses are nontransferable. FISCAL NOTE There will be no cost to the General Fund. There could be a fiscal benefit to local government. Contact: Senator Skip Brandt (208) 332-1326 STATEMENT OF PURPOSE/FISCAL NOTE S 1384