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H0673aaS...................................................by STATE AFFAIRS
LIQUOR LICENSES - Amends and adds to existing law relating to liquor
licenses to provide for liquor license fees; to provide for the issuance of
not more than three liquor licenses to the owner, operator or lessee of
beverage, lodging or dining facilities located within a year-round resort;
to provide for the issuance of a liquor license within limitations to the
owner, operator or lessee of a golf course, ski resort, cross-country
skiing facility or waterfront resort located within a year-round resort; to
provide for the nontransferability of liquor licenses outside the
year-round resort; to provide reference to fees; and to define "year-round
resort."
02/13 House intro - 1st rdg - to printing
02/14 Rpt prt - to St Aff
02/23 Rpt out - rec d/p - to 2nd rdg
02/24 2nd rdg - to 3rd rdg
03/02 3rd rdg - PASSED - 50-17-3
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
Bilbao, Black, Boe, Bolz, Brackett, Bradford, Chadderdon, Clark,
Collins, Crow, Deal, Denney, Edmunson, Eskridge, Field(23), Garrett,
Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, LeFavour, Martinez,
McKague, Miller, Nonini, Pasley-Stuart, Pence, Ring, Ringo, Roberts,
Rusche, Schaefer, Shepherd(2), Shepherd(8), Skippen, Smith(30),
Smylie, Snodgrass, Stevenson, Trail, Mr. Speaker
NAYS -- Bedke, Cannon, Ellsworth, Lake, Loertscher, Mathews,
McGeachin, Mitchell, Moyle, Nielsen, Raybould, Rydalch, Sali, Sayler,
Shirley, Wills, Wood
Absent and excused -- Block, Field(18), Smith(24)
Floor Sponsor - Snodgrass
Title apvd - to Senate
03/03 Senate intro - 1st rdg - to St Aff
03/13 Rpt out - to 14th Ord
03/14 Rpt out amen - to 1st rdg as amen
03/15 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amen - PASSED - 22-12-1
AYES -- Broadsword, Burkett, Burtenshaw, Cameron, Compton, Corder,
Davis, Gannon, Goedde, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, McGee, McKenzie, Stegner, Stennett, Sweet, Werk
NAYS -- Andreason, Brandt, Bunderson, Coiner, Darrington, Fulcher,
Geddes, Hill, Pearce, Richardson, Schroeder, Williams
Absent and excused -- Marley
Floor Sponsor - McGee
Title apvd - to House
03/21 House concurred in Senate amens - to engros
03/22 Rpt engros - 1st rdg as amen - Ref'd to W/M
04/06 Rpt out - rec d/p - to 2nd rdg as amen
04/07 2nd rdg - to 3rd rdg as amen
04/10 3rd rdg as amen - PASSED - 49-18-3
AYES -- Anderson, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Chadderdon,
Collins, Crow, Deal, Edmunson, Eskridge, Field(18), Field(23),
Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, LeFavour,
Martinez, McKague, Miller, Pasley-Stuart, Pence, Ring, Ringo,
Roberts, Rusche, Schaefer, Shepherd(2), Shepherd(8), Skippen,
Smith(30), Smylie, Snodgrass, Stevenson, Trail, Mr. Speaker
NAYS -- Andrus, Denney, Ellsworth, Lake, Loertscher, Mathews,
McGeachin, Moyle, Nielsen, Nonini, Raybould, Rydalch, Sali, Sayler,
Shirley, Smith(24), Wills, Wood
Absent and excused -- Cannon, Clark, Mitchell
Floor Sponsor - Snodgrass
Title apvd - To enrol - Rpt enrol - Sp signed
04/10 Pres signed - To Governor
04/13 Governor signed
Session Law Chapter 449
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 673
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO LIQUOR LICENSES; AMENDING SECTION 23-904, IDAHO CODE, TO PROVIDE
3 FOR LIQUOR LICENSE FEES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAP-
4 TER 9, TITLE 23, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 23-957,
5 IDAHO CODE, TO PROVIDE THAT THERE IS NO PROHIBITION TO THE ISSUANCE OF
6 LIQUOR LICENSES TO THE OWNER, OPERATOR OR LESSEE OF BEVERAGE, LODGING OR
7 DINING FACILITIES LOCATED WITHIN THE BOUNDARIES OF A YEAR-ROUND RESORT, TO
8 PROVIDE THAT THERE IS NO PROHIBITION TO THE ISSUANCE OF LIQUOR LICENSES TO
9 THE OWNER, OPERATOR OR LESSEE OF A GOLF COURSE, SKI RESORT, CROSS-COUNTRY
10 SKIING FACILITY OR WATERFRONT RESORT LOCATED WITHIN THE BOUNDARIES OF A
11 YEAR-ROUND RESORT, TO PROVIDE FOR NONTRANSFERABILITY OF LIQUOR LICENSES
12 OUTSIDE THE YEAR-ROUND RESORT, TO PROVIDE FOR FEES AND TO DEFINE
13 "YEAR-ROUND RESORT"; AND AMENDING SECTION 23-903, IDAHO CODE, TO PROVIDE
14 CORRECT CODE REFERENCES.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Section 23-904, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 23-904. LICENSE FEES. Each licensee licensed under the provisions of this
19 act shall pay an annual license fee to the director as follows:
20 (a.1) For each license in a city of one thousand (1,000) population or
21 less, three hundred dollars ($300) per annum.
22 (b.2) For each license in a city of from one thousand (1,000) to three
23 thousand (3,000) population, five hundred dollars ($500) per annum.
24 (c.3) For each license in a city having a population of more than three
25 thousand (3,000), seven hundred fifty dollars ($750) per annum.
26 (d.4) For each railroad train for sale only in buffet, club or dining
27 cars, fifty dollars ($50.00) per annum of the scheduled run of such train
28 within the state of Idaho; provided, that such license shall be in full, and
29 in lieu of all other licenses herein provided for.
30 (e.5) For each common carrier boat line for sale only in buffet, club
31 dining rooms, two hundred fifty dollars ($250) per annum. Such license shall
32 be in full, and in lieu of all other licenses herein provided for.
33 (f.6) For each license issued to the owner, operator, or lessee of a golf
34 course as described in section 23-903, Idaho Code, or to the lessee of any
35 premises situate on such golf course, situate in any county having a popula-
36 tion of:
37 (1.a) Less than twenty thousand (20,000), two hundred dollars ($200) per
38 annum;
39 (2.b) Twenty thousand (20,000) but less than forty thousand (40,000),
40 three hundred dollars ($300) per annum; and
41 (3.c) Forty thousand (40,000) or more, four hundred dollars ($400) per
42 annum.
43 (g.7) For each common carrier airline for sale only in common carrier
2
1 aircraft, two hundred fifty dollars ($250) per annum. Such license shall be in
2 full, and in lieu of all other licenses herein provided for.
3 (h.8) For each license issued to the owner, operator, or lessee of a res-
4 taurant operated on an airport, as described in section 23-903, Idaho Code,
5 situate within the corporate limits of a city, the fee shall be the same as
6 provided in paragraphs "a"(1) through "c,"(3), inclusive, of this section.
7 (i.9) For each license issued to the owner, operator, or lessee of a res-
8 taurant operated on an airport, as described in section 23-903, Idaho Code,
9 situate without the corporate limits of a city, the fee shall be the same as
10 provided in paragraph "f"(6) of this section. Licenses issued under and pursu-
11 ant to the provisions of this act shall expire at 1:00 o'clock A.M. a.m. on
12 the first day of January of the following year.
13 (10) For each license issued to an owner or operator of a year-round
14 resort as described in section 23-957, Idaho Code, two thousand five hundred
15 dollars ($2,500) per annum. For each beverage, lodging or dining facility
16 owner or operator within the boundaries of a year-round resort as described in
17 section 23-957, Idaho Code, two thousand five hundred dollars ($2,500) per
18 annum. For each beverage, lodging or dining facility lessee within the bound-
19 aries of the year-round resort as described in section 23-957, Idaho Code, one
20 thousand five hundred dollars ($1,500) per annum.
21 Provided that any licensee who operates for only a portion of a year may
22 have his license fee prorated from the date he commences operation to the end
23 of the calendar year, but in no event for less than six (6) months.
24 In the event a licensee who was previously issued a license on a prorated
25 basis under the provisions hereof desires to have such license renewed for the
26 same period for the next succeeding year, he shall file his intention to so
27 apply for such license with the director, accompanied by the fee required for
28 the issuance of such license on or before December 31st of the year preceding.
29 The license fees herein provided for are exclusive of and in addition to
30 other license fees chargeable in the state of Idaho.
31 The basis upon which respective populations of municipalities shall be
32 determined is the last preceding census or any subsequent special census con-
33 ducted by the United States bureau of the census, unless a direct enumeration
34 of the inhabitants thereof be made by the state of Idaho, in which case such
35 later direct enumeration shall constitute such basis.
36 SECTION 2. That Chapter 9, Title 23, Idaho Code, be, and the same is
37 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
38 ignated as Section 23-957, Idaho Code, and to read as follows:
39 23-957. YEAR-ROUND LIQUOR LICENSE. (1) Nothing in this chapter shall pro-
40 hibit the issuance of licenses to the owner, operator or lessee of beverage,
41 lodging or dining facilities located and operated within the ownership or
42 leasehold boundaries of a year-round resort.
43 (2) Nothing contained in this chapter shall prohibit the issuance of a
44 license to the owner, operator or lessee of a golf course, ski resort, cross-
45 country skiing facility or waterfront resort, as defined in sections 23-903,
46 23-903a and 23-948, Idaho Code, located within the ownership or leasehold
47 boundaries of a year-round resort.
48 (3) No license issued to the owner, operator or lessee of beverage, lodg-
49 ing or dining facilities located and operated within the ownership or lease-
50 hold boundaries of a year-round resort shall be transferable to another loca-
51 tion or facility located outside the ownership or leasehold boundaries of the
52 year-round resort.
53 (4) The fees for licenses granted to the owner, operator or lessee of
3
1 beverage, lodging or dining facilities located and operated within the owner-
2 ship or leasehold boundaries of a year-round resort shall be the same as those
3 prescribed for year-round resorts in section 23-904(10), Idaho Code.
4 (5) "Year-round resort" means a resort open to the public year around
5 which offers all of the following within the ownership or leasehold boundaries
6 of the resort:
7 (a) Cross-country skiing on not less than thirty (30) kilometers of
8 groomed cross-country skiing trails;
9 (b) Alpine skiing on real property of not less than eight hundred fifty
10 (850) acres, operating two (2) or more chair lifts with a vertical lift
11 of two thousand eight hundred (2,800) feet or more, and having operating
12 snowmaking equipment providing coverage to at least seventy-five (75)
13 acres of skiing;
14 (c) A golf course having:
15 (i) No less than eighteen (18) holes with greens, fairways and tees
16 laid out and used in the usual and regular manner of a golf course;
17 (ii) A total distance of seven thousand (7,000) yards as measured by
18 totaling the tee-to-green distance of all holes; and
19 (iii) The course planted in grass;
20 (d) Mountain bike activities which include at least twelve (12) miles of
21 single track trails, chair lift served access to at least two thousand
22 eight hundred (2,800) feet of vertical descent and a full service bike
23 rental and repair facility; and
24 (e) At least seventy (70) private residences and accommodations available
25 to provide overnight lodging and dining facilities serving at least two
26 (2) meals per day for at least five hundred (500) persons located within
27 the ownership or leasehold boundaries of the resort.
28 SECTION 3. That Section 23-903, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 23-903. LICENSE TO RETAIL LIQUOR. The director of the Idaho state police
31 is hereby empowered, authorized, and directed to issue licenses to qualified
32 applicants, as herein provided, whereby the licensee shall be authorized and
33 permitted to sell liquor by the drink at retail and, upon the issuance of such
34 license, the licensee therein named shall be authorized to sell liquor at
35 retail by the drink, but only in accordance with the rules promulgated by the
36 director and the provisions of this chapter. No license shall be issued for
37 the sale of liquor on any premises outside the incorporated limits of any city
38 except as provided in this chapter and the number of licenses so issued for
39 any city shall not exceed one (1) license for each one thousand five hundred
40 (1,500) of population of said city or fraction thereof, as established in the
41 last preceding census, or any subsequent special census conducted by the
42 United States bureau of the census or by an estimate that is statistically
43 valid including adding the number of new residential utility connections or
44 including adding the population of areas annexed into the city after the last
45 census or special census was conducted, except that upon proper application
46 thereof not more than two (2) licenses may be issued for each incorporated
47 city with a population of one thousand five hundred (1,500) or less, unless
48 the retail licensing of liquor by the drink has been previously disapproved
49 under the provisions of sections 23-917, 23-918, 23-919, 23-920 and 23-921,
50 Idaho Code; provided, however, that any license heretofore issued may be
51 renewed from year to year without regard to the population or status of the
52 city for which such license is issued. Any license issued and which has
53 remained in effect at its location for a consecutive period of ten (10) years
4
1 or more shall be deemed to have been validly issued and may be renewed from
2 year to year provided, however, that the applicant for the renewal of such
3 license is not otherwise disqualified for licensure pursuant to section
4 23-910, Idaho Code, and, if the premises required special characteristics for
5 original licensure, other than being either within or without the incorporated
6 limits of a city, that said premises continue to have such special character-
7 istics at the time of the application for renewal.
8 Nothing herein contained shall prohibit the issuance of a license to the
9 owner, operator, or lessee of an actual, bona fide golf course whether located
10 within or without the limits of any city, or located on premises also operated
11 as a winery, or ski resort, or to the lessee of any premises situate thereon,
12 no part of which ski resort or the premises thereon is situate within the
13 incorporated limits of any city. For the purpose of this section a golf course
14 shall comprise an actual, bona fide golf course, which is regularly used for
15 the playing of the game of golf, and having not less than nine (9) tees,
16 fairways and greens laid out and used in the usual and regular manner of a
17 golf course. Nine (9) hole courses must have a total yardage of at least one
18 thousand (1,000) yards, and eighteen (18) hole courses must have a total
19 yardage of at least two thousand (2,000) yards as measured by totaling the
20 tee-to-green distance of all holes. The course must be planted in grass except
21 that it may provide artificial tee mats. Where any such golf course is owned
22 or leased by an association of members and is used or enjoyed by such members,
23 or their guests, none of the disqualifications contained in section 23-910,
24 Idaho Code, shall apply to such association as a licensee where such disquali-
25 fications, or any of them, would apply only to a member of such association
26 where such member has no interest therein except as a member thereof.
27 Also for the purpose of this section a ski resort shall comprise real
28 property of not less than ten (10) acres in size, exclusive of the terrain
29 used for skiing and upon which the owner, operator, or lessee of the ski
30 resort has made available himself, or through others, including, but not lim-
31 ited to, the owners of condominiums, permanent bona fide overnight accommoda-
32 tions available to the general public for one hundred (100) persons or more,
33 and which real property is contiguous to or located within the area in which
34 skiing occurs, and which real property is regularly operated as a ski resort
35 in the winter time, and where the owner, operator, or lessee of the ski resort
36 is also the owner, operator, or lessee of the area served by a bona fide chair
37 ski lift facility or facilities. Alternatively, for the purpose of this sec-
38 tion a ski resort may also be defined as a downhill ski area, open to the pub-
39 lic, comprising real property of not less than two hundred fifty (250) skiable
40 acres, operating two (2) or more chair lifts with a vertical lift of one thou-
41 sand (1,000) feet or more, and capable of transporting a minimum of one thou-
42 sand eight hundred (1,800) skiers per hour. A ski resort qualifying under this
43 definition shall also have on the premises a lodge facility providing shelter
44 and food service to the public, the operator of which shall also be the valid
45 owner or lessee of the grounds and facilities upon which the ski resort offers
46 downhill skiing services to the public. The fees for licenses granted to ski
47 resorts shall be the same as those prescribed for golf courses as set forth in
48 section 23-904, Idaho Code. Not more than one (1) licensed premises shall be
49 permitted on any golf course or any ski resort or within the area comprising
50 the same.
51 Nothing herein contained shall prohibit the issuance of a license to the
52 owner, operator or lessee of an actual, bona fide equestrian facility located
53 on not less than forty (40) contiguous acres, with permanently erected seating
54 of not less than six thousand (6,000) seats, no part of which equestrian
55 facility or the premises thereon is situate within the incorporated limits of
5
1 any city, and which facility shall have at least three (3) days per year of a
2 professionally sanctioned rodeo. Not more than one (1) licensed premises shall
3 be permitted at any equestrian facility or within an area comprising such a
4 facility. The license shall be solely for the equestrian facility and shall
5 not be transferred to any other location. The fees for licenses granted to
6 equestrian facilities shall be the same as those prescribed for golf courses
7 as set forth in section 23-904, Idaho Code.
8 Nothing herein contained shall prohibit the issuance of a license to the
9 owner, operator, or lessee of a restaurant operated on an airport owned or
10 operated by a county or municipal corporation or on an airport owned or oper-
11 ated jointly by a county and municipal corporation, and which said airport is
12 served by a trunk or local service air carrier holding a certificate of public
13 convenience and necessity issued by the Civil Aeronautics Board of the United
14 States of America. Not more than one (1) license shall be issued on any air-
15 port.
16 Nothing herein contained shall prohibit the issuance of one (1) club
17 license to a club as defined in section 23-902, Idaho Code. The holder of a
18 club license is authorized to sell and serve alcoholic beverages for consump-
19 tion only within the licensed establishment owned, leased or occupied by the
20 club, and only to bona fide members of the club, and to serve and to sell
21 alcoholic beverages for consumption to bona fide members' guests. A club
22 license issued pursuant to the provisions of this section is not transferable
23 and may not be sold. Any club license issued pursuant to the provisions of
24 this section will revert to the director when, in his judgment, the licensee
25 ceases to operate as a bona fide club as defined in section 23-902, Idaho
26 Code. No club may hold a liquor license and a club license simultaneously. A
27 club which on July 1, 1983, holds a liquor license, may continue to possess
28 that license. Any club which possesses a liquor license on January 1, 1983, or
29 thereafter, and then sells that liquor license, may not obtain a club license,
30 and the director shall not issue a club license to that club for a period of
31 five (5) years following such sale. The fee for any license issued to a quali-
32 fying club within an incorporated municipality shall be as prescribed in sub-
33 sections (a1), (b2) and (c3) of section 23-904, Idaho Code. The fee for any
34 license issued to a qualifying club not situate within an incorporated munici-
35 pality shall be as specified for golf courses under section 23-904(f6), Idaho
36 Code. The provisions of section 23-916, Idaho Code, regarding county and city
37 licenses, shall pertain to club licenses. The burden of producing sufficient
38 documentation of qualifications for club licensure shall be with the club
39 applicant.
40 Nothing in this chapter to the contrary shall prohibit the issuance of a
41 license to the owner, operator, or lessee of an actual, bona fide convention
42 center which is within the incorporated limits of a city having a population
43 of three thousand (3,000) or greater, and which city does not have located
44 therein a convention center with a valid convention center license to sell
45 liquor by the drink. For the purpose of this section, a convention center
46 means a facility having at least thirty-five thousand (35,000) square feet of
47 floor space or a facility having at least one hundred twenty (120) sleeping
48 rooms and an adjoining meeting room which will accommodate not less than three
49 hundred fifty (350) persons, whether or not such room may be partitioned into
50 smaller rooms, and provided that such meeting room shall contain at least
51 three thousand (3,000) square feet of floor space. Such license must be placed
52 in actual use in said convention center within one (1) year from the date of
53 its issuance. The fee for any license issued to a qualifying convention center
54 shall be as prescribed in subsection (c3) of section 23-904, Idaho Code. No
55 license issued to a convention center hereunder shall be transferable to
6
1 another location or facility, nor shall the holder of a convention center
2 license be eligible for the issuance of a license in the same city pursuant to
3 any other provision of this chapter. For purposes of this section, the term
4 holder shall include an owner, operator or lessee and shall include a stock-
5 holder, director, or officer of a corporation, or a partner in a partnership,
6 which corporation or partnership has been issued a convention center license
7 pursuant to this chapter. Not more than one (1) licensed premises shall be
8 permitted on any convention center or within the area comprising the same,
9 including convention centers that also comprise golf courses or ski resorts as
10 herein defined.
11 Nothing in this chapter shall prohibit the issuance of a license to the
12 owner, operator or lessee of a food, beverage and/or lodging facility that has
13 been in continuous operation in the same location for at least seventy-five
14 (75) years, except for temporary closings for refurbishing or reconstruction,
15 or a food, beverage and lodging facility serving the public by reservation
16 only, having a minimum of five (5) rooms operating in a structure that has
17 been in existence for at least seventy-five (75) years and has been on the
18 historic register for a minimum of ten (10) years, is situated within five
19 hundred (500) yards of a natural lake containing a minimum of thirty-six thou-
20 sand (36,000) acre feet of water when full with a minimum of thirty-two (32)
21 miles of shoreline, and is located in a county with a minimum population of
22 sixty-five thousand (65,000). The provisions of section 23-910, Idaho Code,
23 shall apply to licenses issued to continuous operation facilities. The fees
24 shall be the same as those prescribed for golf courses as set forth in section
25 23-904, Idaho Code. Licenses issued to continuous operation facilities are not
26 transferable.
27 Nothing in this chapter shall prohibit the issuance of a license to the
28 owner, operator or lessee of the lodging, dining and entertainment facilities
29 owned by a gondola resort complex and operated in conjunction with the other
30 public services provided by a gondola resort complex located within the
31 ownership/leasehold boundaries of a gondola resort complex.
32 A gondola resort complex means an actual, bona fide gondola capable of
33 transporting people for recreational and/or entertainment purposes at least
34 three (3) miles in length with a vertical rise of three thousand (3,000) feet,
35 portions of which may be located within or over the limits of one (1) or more
36 cities.
37 Nothing in this chapter shall prohibit the issuance of a license to the
38 owner, operator or lessee of a winery also operating a golf course on the
39 premises.
40 Subject to approval of the mayor and city council, nothing in this chap-
41 ter shall prohibit the issuance of a license to the owner, operator or lessee
42 of a food, conference and lodging facility constructed after July 1, 2004,
43 containing a minimum of sixty thousand (60,000) square feet and sixty (60)
44 guest rooms with a minimum taxable value of fifteen million dollars
45 ($15,000,000) in a city with a population of less than five thousand (5,000)
46 according to the most recent census.
47 The provisions of section 23-910, Idaho Code, shall apply to licenses
48 issued under the provisions of this section. The fees shall be the same as
49 those prescribed for golf courses as set forth in section 23-904, Idaho Code.
50 Licenses issued under the provisions of this section are not transferable.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Geddes
Seconded by McGee
IN THE SENATE
SENATE AMENDMENTS TO H.B. NO. 673
1 AMENDMENTS TO SECTION 1
2 On page 2 of the printed bill, delete lines 14 and 15 and insert: "resort
3 as described in section 23-957, Idaho Code, a one (1) time fee of twenty-five
4 thousand dollars ($25,000). For each beverage, lodging or dining facility"; in
5 line 16, delete "boundaries" and insert: "premises"; in line 18, delete
6 "bound-" and in line 19, delete "aries" and insert: "premises", also in line
7 19, delete "one" and insert: "two"; and in line 20, delete "($1,500)" and
8 insert: "($2,500)".
9 AMENDMENTS TO SECTION 2
10 On page 2, in line 40, following the first "of" insert: "not more than
11 three (3)"; in line 42, delete "boundaries" and insert: "premises"; in line
12 47, delete "boundaries" and insert: "premises" and also in line 47, following
13 "resort" insert: ", provided that such license shall count against the maximum
14 number of licenses allowed by subsection (1) of this section"; in line 50,
15 delete "boundaries" and insert: "premises"; in line 51, delete "boundaries"
16 and insert: "premises"; on page 3, in line 2, delete "boundaries" and insert:
17 "premises"; in line 5, delete "boundaries" and insert: "premises"; and in line
18 27, delete "boundaries" and insert: "premises".
19 CORRECTIONS TO TITLE
20 On page 1, delete line 5, and insert: "IDAHO CODE, TO PROVIDE FOR THE
21 ISSUANCE OF NOT MORE THAN THREE"; in line 7, delete "BOUNDARIES" and insert:
22 "PREMISES"; delete line 8 and insert: "PROVIDE FOR THE ISSUANCE OF A LIQUOR
23 LICENSE WITHIN LIMITATIONS TO"; and in line 10, delete "BOUNDARIES" and
24 insert: "PREMISES".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 673, As Amended in the Senate
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO LIQUOR LICENSES; AMENDING SECTION 23-904, IDAHO CODE, TO PROVIDE
3 FOR LIQUOR LICENSE FEES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAP-
4 TER 9, TITLE 23, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 23-957,
5 IDAHO CODE, TO PROVIDE FOR THE ISSUANCE OF NOT MORE THAN THREE LIQUOR
6 LICENSES TO THE OWNER, OPERATOR OR LESSEE OF BEVERAGE, LODGING OR DINING
7 FACILITIES LOCATED WITHIN THE PREMISES OF A YEAR-ROUND RESORT, TO PROVIDE
8 FOR THE ISSUANCE OF A LIQUOR LICENSE WITHIN LIMITATIONS TO THE OWNER,
9 OPERATOR OR LESSEE OF A GOLF COURSE, SKI RESORT, CROSS-COUNTRY SKIING
10 FACILITY OR WATERFRONT RESORT LOCATED WITHIN THE PREMISES OF A YEAR-ROUND
11 RESORT, TO PROVIDE FOR NONTRANSFERABILITY OF LIQUOR LICENSES OUTSIDE THE
12 YEAR-ROUND RESORT, TO PROVIDE FOR FEES AND TO DEFINE "YEAR-ROUND RESORT";
13 AND AMENDING SECTION 23-903, IDAHO CODE, TO PROVIDE CORRECT CODE REFER-
14 ENCES.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Section 23-904, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 23-904. LICENSE FEES. Each licensee licensed under the provisions of this
19 act shall pay an annual license fee to the director as follows:
20 (a.1) For each license in a city of one thousand (1,000) population or
21 less, three hundred dollars ($300) per annum.
22 (b.2) For each license in a city of from one thousand (1,000) to three
23 thousand (3,000) population, five hundred dollars ($500) per annum.
24 (c.3) For each license in a city having a population of more than three
25 thousand (3,000), seven hundred fifty dollars ($750) per annum.
26 (d.4) For each railroad train for sale only in buffet, club or dining
27 cars, fifty dollars ($50.00) per annum of the scheduled run of such train
28 within the state of Idaho; provided, that such license shall be in full, and
29 in lieu of all other licenses herein provided for.
30 (e.5) For each common carrier boat line for sale only in buffet, club
31 dining rooms, two hundred fifty dollars ($250) per annum. Such license shall
32 be in full, and in lieu of all other licenses herein provided for.
33 (f.6) For each license issued to the owner, operator, or lessee of a golf
34 course as described in section 23-903, Idaho Code, or to the lessee of any
35 premises situate on such golf course, situate in any county having a popula-
36 tion of:
37 (1.a) Less than twenty thousand (20,000), two hundred dollars ($200) per
38 annum;
39 (2.b) Twenty thousand (20,000) but less than forty thousand (40,000),
40 three hundred dollars ($300) per annum; and
41 (3.c) Forty thousand (40,000) or more, four hundred dollars ($400) per
42 annum.
43 (g.7) For each common carrier airline for sale only in common carrier
2
1 aircraft, two hundred fifty dollars ($250) per annum. Such license shall be in
2 full, and in lieu of all other licenses herein provided for.
3 (h.8) For each license issued to the owner, operator, or lessee of a res-
4 taurant operated on an airport, as described in section 23-903, Idaho Code,
5 situate within the corporate limits of a city, the fee shall be the same as
6 provided in paragraphs "a"(1) through "c,"(3), inclusive, of this section.
7 (i.9) For each license issued to the owner, operator, or lessee of a res-
8 taurant operated on an airport, as described in section 23-903, Idaho Code,
9 situate without the corporate limits of a city, the fee shall be the same as
10 provided in paragraph "f"(6) of this section. Licenses issued under and pursu-
11 ant to the provisions of this act shall expire at 1:00 o'clock A.M. a.m. on
12 the first day of January of the following year.
13 (10) For each license issued to an owner or operator of a year-round
14 resort as described in section 23-957, Idaho Code, a one (1) time fee of
15 twenty-five thousand dollars ($25,000). For each beverage, lodging or dining
16 facility owner or operator within the premises of a year-round resort as
17 described in section 23-957, Idaho Code, two thousand five hundred dollars
18 ($2,500) per annum. For each beverage, lodging or dining facility lessee
19 within the premises of the year-round resort as described in section 23-957,
20 Idaho Code, two thousand five hundred dollars ($2,500) per annum.
21 Provided that any licensee who operates for only a portion of a year may
22 have his license fee prorated from the date he commences operation to the end
23 of the calendar year, but in no event for less than six (6) months.
24 In the event a licensee who was previously issued a license on a prorated
25 basis under the provisions hereof desires to have such license renewed for the
26 same period for the next succeeding year, he shall file his intention to so
27 apply for such license with the director, accompanied by the fee required for
28 the issuance of such license on or before December 31st of the year preceding.
29 The license fees herein provided for are exclusive of and in addition to
30 other license fees chargeable in the state of Idaho.
31 The basis upon which respective populations of municipalities shall be
32 determined is the last preceding census or any subsequent special census con-
33 ducted by the United States bureau of the census, unless a direct enumeration
34 of the inhabitants thereof be made by the state of Idaho, in which case such
35 later direct enumeration shall constitute such basis.
36 SECTION 2. That Chapter 9, Title 23, Idaho Code, be, and the same is
37 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
38 ignated as Section 23-957, Idaho Code, and to read as follows:
39 23-957. YEAR-ROUND LIQUOR LICENSE. (1) Nothing in this chapter shall pro-
40 hibit the issuance of not more than three (3) licenses to the owner, operator
41 or lessee of beverage, lodging or dining facilities located and operated
42 within the ownership or leasehold premises of a year-round resort.
43 (2) Nothing contained in this chapter shall prohibit the issuance of a
44 license to the owner, operator or lessee of a golf course, ski resort, cross-
45 country skiing facility or waterfront resort, as defined in sections 23-903,
46 23-903a and 23-948, Idaho Code, located within the ownership or leasehold
47 premises of a year-round resort, provided that such license shall count
48 against the maximum number of licenses allowed by subsection (1) of this sec-
49 tion.
50 (3) No license issued to the owner, operator or lessee of beverage, lodg-
51 ing or dining facilities located and operated within the ownership or lease-
52 hold premises of a year-round resort shall be transferable to another location
53 or facility located outside the ownership or leasehold premises of the year-
3
1 round resort.
2 (4) The fees for licenses granted to the owner, operator or lessee of
3 beverage, lodging or dining facilities located and operated within the owner-
4 ship or leasehold premises of a year-round resort shall be the same as those
5 prescribed for year-round resorts in section 23-904(10), Idaho Code.
6 (5) "Year-round resort" means a resort open to the public year around
7 which offers all of the following within the ownership or leasehold premises
8 of the resort:
9 (a) Cross-country skiing on not less than thirty (30) kilometers of
10 groomed cross-country skiing trails;
11 (b) Alpine skiing on real property of not less than eight hundred fifty
12 (850) acres, operating two (2) or more chair lifts with a vertical lift
13 of two thousand eight hundred (2,800) feet or more, and having operating
14 snowmaking equipment providing coverage to at least seventy-five (75)
15 acres of skiing;
16 (c) A golf course having:
17 (i) No less than eighteen (18) holes with greens, fairways and tees
18 laid out and used in the usual and regular manner of a golf course;
19 (ii) A total distance of seven thousand (7,000) yards as measured by
20 totaling the tee-to-green distance of all holes; and
21 (iii) The course planted in grass;
22 (d) Mountain bike activities which include at least twelve (12) miles of
23 single track trails, chair lift served access to at least two thousand
24 eight hundred (2,800) feet of vertical descent and a full service bike
25 rental and repair facility; and
26 (e) At least seventy (70) private residences and accommodations available
27 to provide overnight lodging and dining facilities serving at least two
28 (2) meals per day for at least five hundred (500) persons located within
29 the ownership or leasehold premises of the resort.
30 SECTION 3. That Section 23-903, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 23-903. LICENSE TO RETAIL LIQUOR. The director of the Idaho state police
33 is hereby empowered, authorized, and directed to issue licenses to qualified
34 applicants, as herein provided, whereby the licensee shall be authorized and
35 permitted to sell liquor by the drink at retail and, upon the issuance of such
36 license, the licensee therein named shall be authorized to sell liquor at
37 retail by the drink, but only in accordance with the rules promulgated by the
38 director and the provisions of this chapter. No license shall be issued for
39 the sale of liquor on any premises outside the incorporated limits of any city
40 except as provided in this chapter and the number of licenses so issued for
41 any city shall not exceed one (1) license for each one thousand five hundred
42 (1,500) of population of said city or fraction thereof, as established in the
43 last preceding census, or any subsequent special census conducted by the
44 United States bureau of the census or by an estimate that is statistically
45 valid including adding the number of new residential utility connections or
46 including adding the population of areas annexed into the city after the last
47 census or special census was conducted, except that upon proper application
48 thereof not more than two (2) licenses may be issued for each incorporated
49 city with a population of one thousand five hundred (1,500) or less, unless
50 the retail licensing of liquor by the drink has been previously disapproved
51 under the provisions of sections 23-917, 23-918, 23-919, 23-920 and 23-921,
52 Idaho Code; provided, however, that any license heretofore issued may be
53 renewed from year to year without regard to the population or status of the
4
1 city for which such license is issued. Any license issued and which has
2 remained in effect at its location for a consecutive period of ten (10) years
3 or more shall be deemed to have been validly issued and may be renewed from
4 year to year provided, however, that the applicant for the renewal of such
5 license is not otherwise disqualified for licensure pursuant to section
6 23-910, Idaho Code, and, if the premises required special characteristics for
7 original licensure, other than being either within or without the incorporated
8 limits of a city, that said premises continue to have such special character-
9 istics at the time of the application for renewal.
10 Nothing herein contained shall prohibit the issuance of a license to the
11 owner, operator, or lessee of an actual, bona fide golf course whether located
12 within or without the limits of any city, or located on premises also operated
13 as a winery, or ski resort, or to the lessee of any premises situate thereon,
14 no part of which ski resort or the premises thereon is situate within the
15 incorporated limits of any city. For the purpose of this section a golf course
16 shall comprise an actual, bona fide golf course, which is regularly used for
17 the playing of the game of golf, and having not less than nine (9) tees,
18 fairways and greens laid out and used in the usual and regular manner of a
19 golf course. Nine (9) hole courses must have a total yardage of at least one
20 thousand (1,000) yards, and eighteen (18) hole courses must have a total
21 yardage of at least two thousand (2,000) yards as measured by totaling the
22 tee-to-green distance of all holes. The course must be planted in grass except
23 that it may provide artificial tee mats. Where any such golf course is owned
24 or leased by an association of members and is used or enjoyed by such members,
25 or their guests, none of the disqualifications contained in section 23-910,
26 Idaho Code, shall apply to such association as a licensee where such disquali-
27 fications, or any of them, would apply only to a member of such association
28 where such member has no interest therein except as a member thereof.
29 Also for the purpose of this section a ski resort shall comprise real
30 property of not less than ten (10) acres in size, exclusive of the terrain
31 used for skiing and upon which the owner, operator, or lessee of the ski
32 resort has made available himself, or through others, including, but not lim-
33 ited to, the owners of condominiums, permanent bona fide overnight accommoda-
34 tions available to the general public for one hundred (100) persons or more,
35 and which real property is contiguous to or located within the area in which
36 skiing occurs, and which real property is regularly operated as a ski resort
37 in the winter time, and where the owner, operator, or lessee of the ski resort
38 is also the owner, operator, or lessee of the area served by a bona fide chair
39 ski lift facility or facilities. Alternatively, for the purpose of this sec-
40 tion a ski resort may also be defined as a downhill ski area, open to the pub-
41 lic, comprising real property of not less than two hundred fifty (250) skiable
42 acres, operating two (2) or more chair lifts with a vertical lift of one thou-
43 sand (1,000) feet or more, and capable of transporting a minimum of one thou-
44 sand eight hundred (1,800) skiers per hour. A ski resort qualifying under this
45 definition shall also have on the premises a lodge facility providing shelter
46 and food service to the public, the operator of which shall also be the valid
47 owner or lessee of the grounds and facilities upon which the ski resort offers
48 downhill skiing services to the public. The fees for licenses granted to ski
49 resorts shall be the same as those prescribed for golf courses as set forth in
50 section 23-904, Idaho Code. Not more than one (1) licensed premises shall be
51 permitted on any golf course or any ski resort or within the area comprising
52 the same.
53 Nothing herein contained shall prohibit the issuance of a license to the
54 owner, operator or lessee of an actual, bona fide equestrian facility located
55 on not less than forty (40) contiguous acres, with permanently erected seating
5
1 of not less than six thousand (6,000) seats, no part of which equestrian
2 facility or the premises thereon is situate within the incorporated limits of
3 any city, and which facility shall have at least three (3) days per year of a
4 professionally sanctioned rodeo. Not more than one (1) licensed premises shall
5 be permitted at any equestrian facility or within an area comprising such a
6 facility. The license shall be solely for the equestrian facility and shall
7 not be transferred to any other location. The fees for licenses granted to
8 equestrian facilities shall be the same as those prescribed for golf courses
9 as set forth in section 23-904, Idaho Code.
10 Nothing herein contained shall prohibit the issuance of a license to the
11 owner, operator, or lessee of a restaurant operated on an airport owned or
12 operated by a county or municipal corporation or on an airport owned or oper-
13 ated jointly by a county and municipal corporation, and which said airport is
14 served by a trunk or local service air carrier holding a certificate of public
15 convenience and necessity issued by the Civil Aeronautics Board of the United
16 States of America. Not more than one (1) license shall be issued on any air-
17 port.
18 Nothing herein contained shall prohibit the issuance of one (1) club
19 license to a club as defined in section 23-902, Idaho Code. The holder of a
20 club license is authorized to sell and serve alcoholic beverages for consump-
21 tion only within the licensed establishment owned, leased or occupied by the
22 club, and only to bona fide members of the club, and to serve and to sell
23 alcoholic beverages for consumption to bona fide members' guests. A club
24 license issued pursuant to the provisions of this section is not transferable
25 and may not be sold. Any club license issued pursuant to the provisions of
26 this section will revert to the director when, in his judgment, the licensee
27 ceases to operate as a bona fide club as defined in section 23-902, Idaho
28 Code. No club may hold a liquor license and a club license simultaneously. A
29 club which on July 1, 1983, holds a liquor license, may continue to possess
30 that license. Any club which possesses a liquor license on January 1, 1983, or
31 thereafter, and then sells that liquor license, may not obtain a club license,
32 and the director shall not issue a club license to that club for a period of
33 five (5) years following such sale. The fee for any license issued to a quali-
34 fying club within an incorporated municipality shall be as prescribed in sub-
35 sections (a1), (b2) and (c3) of section 23-904, Idaho Code. The fee for any
36 license issued to a qualifying club not situate within an incorporated munici-
37 pality shall be as specified for golf courses under section 23-904(f6), Idaho
38 Code. The provisions of section 23-916, Idaho Code, regarding county and city
39 licenses, shall pertain to club licenses. The burden of producing sufficient
40 documentation of qualifications for club licensure shall be with the club
41 applicant.
42 Nothing in this chapter to the contrary shall prohibit the issuance of a
43 license to the owner, operator, or lessee of an actual, bona fide convention
44 center which is within the incorporated limits of a city having a population
45 of three thousand (3,000) or greater, and which city does not have located
46 therein a convention center with a valid convention center license to sell
47 liquor by the drink. For the purpose of this section, a convention center
48 means a facility having at least thirty-five thousand (35,000) square feet of
49 floor space or a facility having at least one hundred twenty (120) sleeping
50 rooms and an adjoining meeting room which will accommodate not less than three
51 hundred fifty (350) persons, whether or not such room may be partitioned into
52 smaller rooms, and provided that such meeting room shall contain at least
53 three thousand (3,000) square feet of floor space. Such license must be placed
54 in actual use in said convention center within one (1) year from the date of
55 its issuance. The fee for any license issued to a qualifying convention center
6
1 shall be as prescribed in subsection (c3) of section 23-904, Idaho Code. No
2 license issued to a convention center hereunder shall be transferable to
3 another location or facility, nor shall the holder of a convention center
4 license be eligible for the issuance of a license in the same city pursuant to
5 any other provision of this chapter. For purposes of this section, the term
6 holder shall include an owner, operator or lessee and shall include a stock-
7 holder, director, or officer of a corporation, or a partner in a partnership,
8 which corporation or partnership has been issued a convention center license
9 pursuant to this chapter. Not more than one (1) licensed premises shall be
10 permitted on any convention center or within the area comprising the same,
11 including convention centers that also comprise golf courses or ski resorts as
12 herein defined.
13 Nothing in this chapter shall prohibit the issuance of a license to the
14 owner, operator or lessee of a food, beverage and/or lodging facility that has
15 been in continuous operation in the same location for at least seventy-five
16 (75) years, except for temporary closings for refurbishing or reconstruction,
17 or a food, beverage and lodging facility serving the public by reservation
18 only, having a minimum of five (5) rooms operating in a structure that has
19 been in existence for at least seventy-five (75) years and has been on the
20 historic register for a minimum of ten (10) years, is situated within five
21 hundred (500) yards of a natural lake containing a minimum of thirty-six thou-
22 sand (36,000) acre feet of water when full with a minimum of thirty-two (32)
23 miles of shoreline, and is located in a county with a minimum population of
24 sixty-five thousand (65,000). The provisions of section 23-910, Idaho Code,
25 shall apply to licenses issued to continuous operation facilities. The fees
26 shall be the same as those prescribed for golf courses as set forth in section
27 23-904, Idaho Code. Licenses issued to continuous operation facilities are not
28 transferable.
29 Nothing in this chapter shall prohibit the issuance of a license to the
30 owner, operator or lessee of the lodging, dining and entertainment facilities
31 owned by a gondola resort complex and operated in conjunction with the other
32 public services provided by a gondola resort complex located within the
33 ownership/leasehold boundaries of a gondola resort complex.
34 A gondola resort complex means an actual, bona fide gondola capable of
35 transporting people for recreational and/or entertainment purposes at least
36 three (3) miles in length with a vertical rise of three thousand (3,000) feet,
37 portions of which may be located within or over the limits of one (1) or more
38 cities.
39 Nothing in this chapter shall prohibit the issuance of a license to the
40 owner, operator or lessee of a winery also operating a golf course on the
41 premises.
42 Subject to approval of the mayor and city council, nothing in this chap-
43 ter shall prohibit the issuance of a license to the owner, operator or lessee
44 of a food, conference and lodging facility constructed after July 1, 2004,
45 containing a minimum of sixty thousand (60,000) square feet and sixty (60)
46 guest rooms with a minimum taxable value of fifteen million dollars
47 ($15,000,000) in a city with a population of less than five thousand (5,000)
48 according to the most recent census.
49 The provisions of section 23-910, Idaho Code, shall apply to licenses
50 issued under the provisions of this section. The fees shall be the same as
51 those prescribed for golf courses as set forth in section 23-904, Idaho Code.
52 Licenses issued under the provisions of this section are not transferable.
STATEMENT OF PURPOSE
RS15964
The purpose of this legislation is to provide for the
licensing of liquor for a beverage, dining or lodging
facility located within the boundaries of a year-round
resort and sets forth the definition of a year-round resort.
These licenses are non-transferable outside of the
boundaries of the year-round resort. This legislation also
sets forth an annual fee structure for the licensees within
the year-round resort.
FISCAL IMPACT
None
Contact
Name: Scott Turlington
Phone: (208)472-1750
STATEMENT OF PURPOSE/FISCAL NOTE H 673