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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 - 2006
IN 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 FUNDS FEES -- 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 this act title 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