2008 Legislation
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SENATE BILL NO. 1351<br /> – Events center, defined, liquor sale

SENATE BILL NO. 1351

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Bill Status



S1351......................................................by STATE AFFAIRS
EVENTS CENTER - Amends existing law relating to the retail sale of liquor
to define "events center"; and to provide that certain persons under the
age of 21 years may lawfully enter or be in events centers licensed for the
sale of liquor, beer or wine or where such products are dispensed, served
and consumed.

01/28    Senate intro - 1st rdg - to printing
01/29    Rpt prt - to St Aff

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1351

                                 BY STATE AFFAIRS COMMITTEE

  1                                        AN ACT
  2    RELATING TO THE RETAIL SALE OF LIQUOR; AMENDING SECTION 23-902, IDAHO CODE, TO
  3        DEFINE "EVENTS CENTER"; AMENDING SECTION 23-944, IDAHO  CODE,  TO  PROVIDE
  4        THAT  CERTAIN PERSONS UNDER THE AGE OF TWENTY-ONE YEARS MAY LAWFULLY ENTER
  5        OR BE IN EVENTS CENTERS LICENSED FOR THE SALE OF LIQUOR, WINE OR  BEER  OR
  6        WHERE  SUCH PRODUCTS ARE DISPENSED, SERVED AND CONSUMED; AND AMENDING SEC-
  7        TION 23-217, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE.

  8    Be It Enacted by the Legislature of the State of Idaho:

  9        SECTION 1.  That Section 23-902, Idaho Code, be, and the  same  is  hereby
 10    amended to read as follows:

 11        23-902.  DEFINITIONS. The following words and phrases used in this chapter
 12    shall be given the following interpretation:
 13        (1)  "Club"  includes any of the following organizations where the sale of
 14    spirituous liquor for consumption on the premises is made to  members  and  to
 15    bona fide guests of members only:
 16        (a)  A post, chapter, camp or other local unit composed solely of veterans
 17        and their duly recognized auxiliary, and which is a post, chapter, camp or
 18        other  local  unit composed solely of veterans which has been chartered by
 19        the congress of the United States for patriotic, fraternal  or  benevolent
 20        purposes,  and  which  has,  as the owner, lessee or occupant, operated an
 21        establishment for that purpose in this state; or
 22        (b)  A chapter, aerie, parlor, lodge or other local unit  of  an  American
 23        national  fraternal  organization, which has as the owner, lessee or occu-
 24        pant, operated an establishment for fraternal purposes in this  state  and
 25        actively  operates  in not less than thirty-six (36) states or has been in
 26        continuous existence for not less than twenty (20) years;  and  which  has
 27        not  less  than fifty (50) bona fide members in each unit, and which owns,
 28        maintains or operates club quarters, and is authorized and incorporated to
 29        operate as a nonprofit club under the laws of this state,  and  which  has
 30        recognized  tax exempt status under section 501(c)(8) or 501(c)(10) of the
 31        Internal Revenue Code, and has been continuously incorporated and  operat-
 32        ing  for  a  period of not less than one (1) year. The club shall have had
 33        during that period of one (1) year, a bona fide  membership  with  regular
 34        meetings  conducted  at least once each month, and the membership shall be
 35        and shall have been actively engaged in carrying out the  objects  of  the
 36        club.  The club membership shall consist of bona fide dues paying members,
 37        recorded by the secretary of the club, paying at least six dollars ($6.00)
 38        per year in dues, payable monthly, quarterly or annually; and the  members
 39        at  the  time of application for a club license shall be in good standing,
 40        having paid dues for at least one (1) full year.
 41        (2)  "Convention" means a formal meeting of members,  representatives,  or
 42    delegates, as of a political party, fraternal society, profession or industry.
 43        (3)  "Director" means the director of the Idaho state police.

                                       2

  1        (4)  "Events  center" means a structure at a fixed location with a minimum
  2    square footage of fifteen thousand (15,000) square feet which is either  owned
  3    by  the  licensee  or  operates  under  a  year-round  lease that either holds
  4    ticketed events such as concerts, live entertainment and  sporting  events  or
  5    leases its premises for public or private events such as receptions, community
  6    events and other functions.
  7        (5)  "Gaming"  means  any  and  all gambling or games of chance defined in
  8    chapters 38 and 49, title 18, Idaho Code, or any section or sections  thereof,
  9    whether those games are licensed or unlicensed.
 10        (56)  "Interdicted  person"  means  a person to whom the sale of liquor is
 11    prohibited under law.
 12        (67)  "License" means a license issued by the director to a qualified per-
 13    son, under which it shall be lawful for the  licensee  to  sell  and  dispense
 14    liquor by the drink at retail, as provided by law.
 15        (78)  "Licensee"  means  the  person to whom a license is issued under the
 16    provisions of law.
 17        (89)  "Liquor" means all kinds of liquor sold by and  in  a  state  liquor
 18    store of the state of Idaho.
 19        (910) "Live  performance"  means  a performance occurring in a theater and
 20    not otherwise in violation of any provision of Idaho law.
 21        (101) "Municipal license" means a license issued by a municipality of  the
 22    state of Idaho under the provisions of law.
 23        (112) "Party"  means  a social gathering especially for pleasure or amuse-
 24    ment and includes, but is not limited to,  such  social  events  as  weddings,
 25    birthdays, and special holiday celebrations to include, but not be limited to,
 26    New  Year's  celebrations, Super Bowl Sunday, St. Patrick's Day, the Fourth of
 27    July and Labor Day.
 28        (123) "Person" means every individual, partnership, corporation, organiza-
 29    tion, or association holding a retail liquor license, whether  conducting  the
 30    business singularly or collectively.
 31        (134) "Premises"  means  the  building  and  contiguous property owned, or
 32    leased or used under a government permit by a licensee as part of the business
 33    establishment in the business of sale of liquor by the drink at retail,  which
 34    property is improved to include decks, docks, boardwalks, lawns, gardens, golf
 35    courses,  ski  resorts, courtyards, patios, poolside areas or similar improved
 36    appurtenances in which the sale of liquor by the drink at retail is authorized
 37    under the provisions of law.
 38        (145) "Rules" means rules promulgated by the director in  accordance  with
 39    the provisions of law.
 40        (156) "State liquor store" means a liquor store or distributor established
 41    under  and  pursuant to the laws of the state of Idaho for the package sale of
 42    liquor at retail.
 43        (167) "Theater" means a room, place or outside structure for  performances
 44    or  readings  of  dramatic literature, plays or dramatic representations of an
 45    art form not in violation of any provision of Idaho law.
 46        (178) All other words and phrases used in this chapter, the definitions of
 47    which are not herein given, shall be given their ordinary and commonly  under-
 48    stood and acceptable meanings.

 49        SECTION  2.  That  Section  23-944, Idaho Code, be, and the same is hereby
 50    amended to read as follows:

 51        23-944.  EXCEPTIONS FROM RESTRICTION ON ENTERING OR  REMAINING.  It  shall
 52    not  be  unlawful  for,  nor shall section 23-943, Idaho Code, be construed to
 53    restrict, any person under the age of twenty-one (21) years from  entering  or

                                       3

  1    being:
  2        (1)  upon  the  premises  of  any restaurant, as herein defined, or in any
  3    railroad observation or club car or any airplane of a commercial airline, not-
  4    withstanding that such premises may also be licensed for the sale of liquor by
  5    the drink or for the sale of beer for consumption  on  the  premises  or  that
  6    alcohol  beverages,  or  beer,  or  both, are prepared, mixed or dispensed and
  7    served and consumed therein.
  8        (2)  in any building, a part or portion of which is used as  a  place,  as
  9    herein  defined,  provided  such  place  is  separated or partitioned from the
 10    remainder of said building and access to  such  place  through  a  doorway  or
 11    doorways  or other means of ingress can be controlled to prevent persons under
 12    the ages specified with respect thereto in section 23-943,  Idaho  Code,  from
 13    entering therein.
 14        (3)  in any baseball park, sports arena, events center, convention center,
 15    multipurpose  arena,  theater  that  is  presenting live performances or fair-
 16    grounds, notwithstanding that such premises or  any  portion  thereof  may  be
 17    licensed  for the sale of liquor by the drink, wine or beer for consumption on
 18    the premises or that such products  are  dispensed  and  served  and  consumed
 19    therein;  provided,  that the person under the age of twenty-one (21) years is
 20    attending a lawful activity, show, exhibition, performance  or  event  on  the
 21    premises  or is required to be present as a condition of his employment. It is
 22    lawful for persons under the age of twenty-one (21) years to enter and  remain
 23    in   a   baseball  park,  sports  arena,  events  center,  convention  center,
 24    multipurpose arena, theater that is  presenting  live  performances  or  fair-
 25    grounds  so  long  as  the activity, show, exhibition, performance or event is
 26    lawful and the person does not violate section 23-949, Idaho Code.
 27        (4)  upon the premises of any licensed winery  notwithstanding  that  such
 28    premises  or  any portion thereof may also be licensed for the sale of beer or
 29    wine for consumption on the premises or that wine is dispensed and served  and
 30    consumed therein.
 31        (5)  upon the licensed premises of a wine retailer, wholly owned and oper-
 32    ated  by a licensed winery which retails exclusively the products of that win-
 33    ery.
 34        (6)  at a location, other than a liquor, beer, or wine licensed  premises,
 35    authorized  to serve alcohol beverages under a valid alcohol beverage catering
 36    permit.
 37        (7)  in any movie theater that is allowed to sell beer or  wine  for  con-
 38    sumption  on  the premises pursuant to a valid license and which movie theater
 39    had a license that  was valid and not suspended or revoked on January 1, 2006.
 40    No films, still pictures, electronic reproductions or other  visual  reproduc-
 41    tions  which  are  in violation of chapter 41, title 18, Idaho Code (indecency
 42    and obscenity), or are in violation  of  federal  law  regarding  pornography,
 43    indecency or obscenity shall be shown or displayed on the premises. As used in
 44    this subsection, "movie theater" means a motion picture theater  that is being
 45    utilized solely for exhibition of a motion picture.

 46        SECTION  3.  That  Section  23-217, Idaho Code, be, and the same is hereby
 47    amended to read as follows:

 48        23-217.  SURCHARGE ADDED TO PRICE OF ALCOHOLIC LIQUOR AND ALL  OTHER  MER-
 49    CHANDISE  SOLD -- COLLECTION AND REMISSION BY SUPERINTENDENT. (1) The superin-
 50    tendent of the state liquor dispensary is hereby authorized  and  directed  to
 51    include  in  the  price of alcoholic liquor  and all other merchandise sold in
 52    the dispensary, and its branches, a surcharge equal to two percent (2%) of the
 53    current price per unit computed to the nearest multiple of five cents (5¢).

                                       4

  1        (2)  After the price of the surcharge has been included, the  superintend-
  2    ent  of the state liquor dispensary is hereby authorized and directed to allow
  3    a discount of five percent (5%) from the price  of  each  order  of  alcoholic
  4    liquor  and  all other merchandise sold to any licensee, as defined in section
  5    23-902(78), Idaho Code.
  6        (3)  The surcharge imposed pursuant to this section shall be collected and
  7    credited monthly to the drug court, mental health court and family court  ser-
  8    vices fund, as set forth in section 1-1625, Idaho Code.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 17635C1

This legislation amends Idaho Code 23-902 to provide for a
definition of an "events center" relating to the retail sale of
liquor.



                           FISCAL NOTE

None.




Contact
Name:  Lyn Darrington 
Phone: 336-1986


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1351