Print Friendly SENATE BILL NO. 1351
– Events center, defined, liquor sale
SENATE BILL NO. 1351
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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
01/28 Senate intro - 1st rdg - to printing
01/29 Rpt prt - to St Aff
]]]] 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.
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 (1 01) "Municipal license" means a license issued by a municipality of the
22 state of Idaho under the provisions of law.
23 (1 12) "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 (1 23) "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 (1 34) "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 (1 45) "Rules" means rules promulgated by the director in accordance with
39 the provisions of law.
40 (1 56) "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 (1 67) "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 (1 78) 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
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-
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
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¢).
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
This legislation amends Idaho Code 23-902 to provide for a
definition of an "events center" relating to the retail sale of
Name: Lyn Darrington
STATEMENT OF PURPOSE/FISCAL NOTE S 1351