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H0271......................................................by STATE AFFAIRS
ALCOHOL - Amends existing law to allow a person under nineteen years of age
to be upon a licensed premises where alcohol beverages are sold for
consumption on the premises as a performer under certain conditions.
03/02 House intro - 1st rdg - to printing
03/05 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 271
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO MINORS AND LICENSED PREMISES; AMENDING SECTION 23-944, IDAHO CODE,
3 TO ALLOW A PERSON UNDER NINETEEN YEARS OF AGE TO BE UPON A LICENSED PREM-
4 ISES AS A PERFORMER UNDER CERTAIN CONDITIONS AND TO MAKE TECHNICAL CORREC-
5 TIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 23-944, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 23-944. EXCEPTIONS FROM RESTRICTION ON ENTERING OR REMAINING. It shall
10 not be unlawful for, nor shall section 23-943, Idaho Code, be construed to
11 restrict, any person under the age of twenty-one (21) years from entering or
12 being:
13 (1) uUpon the premises of any restaurant, as herein defined, or in any
14 railroad observation or club car or any airplane of a commercial airline, not-
15 withstanding that such premises may also be licensed for the sale of liquor by
16 the drink or for the sale of beer for consumption on the premises or that
17 alcohol beverages, or beer, or both, are prepared, mixed or dispensed and
18 served and consumed therein.
19 (2) iIn any building, a part or portion of which is used as a place, as
20 herein defined, provided such place is separated or partitioned from the
21 remainder of said building and access to such place through a doorway or
22 doorways or other means of ingress can be controlled to prevent persons under
23 the ages specified with respect thereto in section 23-943, Idaho Code, from
24 entering therein.
25 (3) iIn any baseball park, sports arena, convention center, multipurpose
26 arena, theater that is presenting live performances or fairgrounds, notwith-
27 standing that such premises or any portion thereof may be licensed for the
28 sale of liquor by the drink, wine or beer for consumption on the premises or
29 that such products are dispensed and served and consumed therein; provided,
30 that the person under the age of twenty-one (21) years is attending a lawful
31 activity, show, exhibition, performance or event on the premises or is
32 required to be present as a condition of his employment. It is lawful for per-
33 sons under the age of twenty-one (21) years to enter and remain in a baseball
34 park, sports arena, convention center, multipurpose arena, theater that is
35 presenting live performances or fairgrounds so long as the activity, show,
36 exhibition, performance or event is lawful and the person does not violate
37 section 23-949, Idaho Code.
38 (4) uUpon the premises of any licensed winery notwithstanding that such
39 premises or any portion thereof may also be licensed for the sale of beer or
40 wine for consumption on the premises or that wine is dispensed and served and
41 consumed therein.
42 (5) uUpon the licensed premises of a wine retailer, wholly owned and
43 operated by a licensed winery which retails exclusively the products of that
2
1 winery.
2 (6) aAt a location, other than a liquor, beer, or wine licensed premises,
3 authorized to serve alcohol beverages under a valid alcohol beverage catering
4 permit.
5 (7) iIn any movie theater that is allowed to sell beer or wine for con-
6 sumption on the premises pursuant to a valid license and which movie theater
7 had a license that was valid and not suspended or revoked on January 1, 2006.
8 No films, still pictures, electronic reproductions or other visual reproduc-
9 tions which are in violation of chapter 41, title 18, Idaho Code (indecency
10 and obscenity), or are in violation of federal law regarding pornography,
11 indecency or obscenity shall be shown or displayed on the premises. As used in
12 this subsection, "movie theater" means a motion picture theater that is being
13 utilized solely for exhibition of a motion picture.
14 (8) Upon the licensed premises as a performer where the minor is under
15 the age of nineteen (19) years, is accompanied by a parent or guardian, is
16 upon the licensed premises only to perform, and does not remain in or loiter
17 in areas of the licensed premises where alcohol beverages are normally sold or
18 consumed, notwithstanding the provisions of section 23-949, Idaho Code.
STATEMENT OF PURPOSE
RS 17142
This legislation will amend Idaho Code Section 23-944 to include
a new exception to restrictions on entering into or remaining on
a licensed premise. This legislation allows a minor under the age
of nineteen (19) to enter and/or remain on a licensed premise
only to perform work as an employee or a contractor when
accompanied by a parent or guardian. This legislation does not
allow loitering in areas of the premise where alcohol is consumed
or sold.
FISCAL NOTE
There is no fiscal impact to the General Fund.
Contact
Name: Rep. Wendy Jaquet
Phone: 332-1130
STATEMENT OF PURPOSE/FISCAL NOTE H 271