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S1382......................................................by STATE AFFAIRS
LIQUOR - Amends existing law to revise liquor license fee provisions; to
provide for license renewal fees relating to year-round resorts; and to
increase the maximum number of year-round liquor licenses that may be
issued to owners, operators or lessees of facilities located and operated
within the ownership or leasehold premises of year-round resorts.
02/06 Senate intro - 1st rdg - to printing
02/07 Rpt prt - to St Aff
02/11 Rpt out - rec d/p - to 2nd rdg
02/12 2nd rdg - to 3rd rdg
02/13 3rd rdg - PASSED - 21-13-1
AYES -- Andreason, Bastian, Broadsword, Burkett, Cameron, Coiner,
Goedde, Hammond, Heinrich, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai(Sagness), McGee, McKague, Stegner, Stennett,
Werk
NAYS -- Bair, Bilyeu, Corder, Darrington, Davis, Fulcher, Gannon,
Geddes, Hill, Pearce, Richardson, Schroeder, Siddoway
Absent and excused -- McKenzie
Floor Sponsors - Jorgenson & McGee
Title apvd - to House
02/14 House intro - 1st rdg - to St Aff
02/29 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 43-18-9
AYES -- Anderson, Barrett, Bayer, Bilbao, Bock, Bolz, Bowers,
Brackett, Chadderdon, Chavez, Chew, Clark, Crane, Durst, Eskridge,
Hagedorn, Hart, Henbest, Henderson, Jaquet, Killen, King, Kren,
LeFavour, Moyle, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Roberts, Ruchti, Rusche, Sayler, Shepherd(02), Shepherd(08), Shively,
Smith(30), Snodgrass, Stevenson, Thomas, Wood(27), Mr. Speaker
NAYS -- Andrus, Bell, Boe, Bradford, Collins, Harwood, Labrador,
Lake, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Nielsen, Smith(24), Thayn, Vander Woude
Absent and excused -- Bedke, Black, Block, Ringo, Schaefer, Shirley,
Trail, Wills, Wood(35)
Floor Sponsor - Roberts
Title apvd - to Senate
03/11 To enrol
03/12 Rpt enrol - Pres signed - Sp signed
03/13 To Governor
03/18 Governor signed
Session Law Chapter 178
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1382 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO LIQUOR; AMENDING SECTION 23-904, IDAHO CODE, TO REVISE LICENSE FEE 3 PROVISIONS AND TO PROVIDE FOR LICENSE RENEWAL FEES RELATING TO YEAR-ROUND 4 RESORTS; AND AMENDING SECTION 23-957, IDAHO CODE, TO INCREASE THE MAXIMUM 5 NUMBER OF YEAR-ROUND LIQUOR LICENSES THAT MAY BE ISSUED TO OWNERS, OPERA- 6 TORS OR LESSEES OF CERTAIN FACILITIES LOCATED AND OPERATED WITHIN THE OWN- 7 ERSHIP OR LEASEHOLD PREMISES OF YEAR-ROUND RESORTS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 23-904, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 23-904. LICENSE FEES. Each licensee licensed under the provisions of this 12 act shall pay an annual license fee to the director as follows: 13 (1) For each license in a city of one thousand (1,000) population or 14 less, three hundred dollars ($300) per annum. 15 (2) For each license in a city of from one thousand (1,000) to three 16 thousand (3,000) population, five hundred dollars ($500) per annum. 17 (3) For each license in a city having a population of more than three 18 thousand (3,000), seven hundred fifty dollars ($750) per annum. 19 (4) For each railroad train for sale only in buffet, club or dining cars, 20 fifty dollars ($50.00) per annum of the scheduled run of such train within the 21 state of Idaho; provided, that such license shall be in full, and in lieu of 22 all other licenses herein provided for. 23 (5) For each common carrier boat line for sale only in buffet, club din- 24 ing rooms, two hundred fifty dollars ($250) per annum. Such license shall be 25 in full, and in lieu of all other licenses herein provided for. 26 (6) For each license issued to the owner, operator, or lessee of a golf 27 course as described in section 23-903, Idaho Code, or to the lessee of any 28 premises situate on such golf course, situate in any county having a popula- 29 tion of: 30 (a) Less than twenty thousand (20,000), two hundred dollars ($200) per 31 annum; 32 (b) Twenty thousand (20,000) but less than forty thousand (40,000), three 33 hundred dollars ($300) per annum; and 34 (c) Forty thousand (40,000) or more, four hundred dollars ($400) per 35 annum. 36 (7) For each common carrier airline for sale only in common carrier air- 37 craft, two hundred fifty dollars ($250) per annum. Such license shall be in 38 full, and in lieu of all other licenses herein provided for. 39 (8) For each license issued to the owner, operator, or lessee of a res- 40 taurant operated on an airport, as described in section 23-903, Idaho Code, 41 situate within the corporate limits of a city, the fee shall be the same as 42 provided in paragraphs (1) through (3), inclusive, of this section. 43 (9) For each license issued to the owner, operator, or lessee of a res- 2 1 taurant operated on an airport, as described in section 23-903, Idaho Code, 2 situate without the corporate limits of a city, the fee shall be the same as 3 provided in paragraph (6) of this section. Licenses issued under and pursuant 4 to the provisions of this act shall expire at 1:00 o'clock a.m. on the first 5 day of January of the following year. 6 (10) For each license issued to an owner or operator of a year-round 7 resort as described in section 23-957, Idaho Code, a one (1) time fee of 8 twenty-five thousand dollars ($25,000), with a subsequent renewal fee of three 9 thousand five hundred dollars ($3,500) per annum. For each license issued to 10 an owner or operator of a beverage, lodging or dining facilityowner or opera-11torwithin the premises of a year-round resort as described in section 23-957, 12 Idaho Code,twoa one (1) time fee of twenty-five thousandfive hundreddol- 13 lars ($2,525,000) with a subsequent renewal fee of three thousand five hundred 14 dollars ($3,500) per annum. For each license issued to a lessee of a beverage, 15 lodging or dining facilitylesseewithin the premises of the year-round resort 16 as described in section 23-957, Idaho Code,twoa one (1) time fee of twenty- 17 five thousandfive hundreddollars ($2,525,000) with a subsequent renewal fee 18 of three thousand five hundred dollars ($3,500) per annum. 19 Provided that any licensee who operates for only a portion of a year may 20 have his license fee prorated from the date he commences operation to the end 21 of the calendar year, but in no event for less than six (6) months. 22 In the event a licensee who was previously issued a license on a prorated 23 basis under the provisions hereof desires to have such license renewed for the 24 same period for the next succeeding year, he shall file his intention to so 25 apply for such license with the director, accompanied by the fee required for 26 the issuance of such license on or before December 31 of the year preceding. 27 The license fees herein provided for are exclusive of and in addition to 28 other license fees chargeable in the state of Idaho. 29 The basis upon which respective populations of municipalities shall be 30 determined is the last preceding census or any subsequent special census con- 31 ducted by the United States bureau of the census, unless a direct enumeration 32 of the inhabitants thereof be made by the state of Idaho, in which case such 33 later direct enumeration shall constitute such basis. 34 SECTION 2. That Section 23-957, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 23-957. YEAR-ROUND LIQUOR LICENSE. (1) Nothing in this chapter shall pro- 37 hibit the issuance of not more thanthreetwelve (312) licenses to the owner, 38 operator or lessee of beverage, lodging or dining facilities located and oper- 39 ated within the ownership or leasehold premises of a year-round resort. 40 (2) Nothing contained in this chapter shall prohibit the issuance of a 41 license to the owner, operator or lessee of a golf course, ski resort, cross- 42 country skiing facility or waterfront resort, as defined in sections 23-903, 43 23-903a and 23-948, Idaho Code, located within the ownership or leasehold 44 premises of a year-round resort, provided that such license shall count 45 against the maximum number of licenses allowed by subsection (1) of this sec- 46 tion. 47 (3) No license issued to the owner, operator or lessee of beverage, lodg- 48 ing or dining facilities located and operated within the ownership or lease- 49 hold premises of a year-round resort shall be transferable to another location 50 or facility located outside the ownership or leasehold premises of the year- 51 round resort. 52 (4) The fees for licenses granted to the owner, operator or lessee of 53 beverage, lodging or dining facilities located and operated within the owner- 3 1 ship or leasehold premises of a year-round resort shall be the same as those 2 prescribed for year-round resorts in section 23-904(10), Idaho Code. 3 (5) "Year-round resort" means a resort open to the public year around 4 which offers all of the following within the ownership or leasehold premises 5 of the resort: 6 (a) Cross-country skiing on not less than thirty (30) kilometers of 7 groomed cross-country skiing trails; 8 (b) Alpine skiing on real property of not less than eight hundred fifty 9 (850) acres, operating two (2) or more chair lifts with a vertical lift of 10 two thousand eight hundred (2,800) feet or more, and having operating 11 snowmaking equipment providing coverage to at least seventy-five (75) 12 acres of skiing; 13 (c) A golf course having: 14 (i) No less than eighteen (18) holes with greens, fairways and tees 15 laid out and used in the usual and regular manner of a golf course; 16 (ii) A total distance of seven thousand (7,000) yards as measured by 17 totaling the tee-to-green distance of all holes; and 18 (iii) The course planted in grass; 19 (d) Mountain bike activities which include at least twelve (12) miles of 20 single track trails, chair lift served access to at least two thousand 21 eight hundred (2,800) feet of vertical descent and a full service bike 22 rental and repair facility; and 23 (e) At least seventy (70) private residences and accommodations available 24 to provide overnight lodging and dining facilities serving at least two 25 (2) meals per day for at least five hundred (500) persons located within 26 the ownership or leasehold premises of the resort.
STATEMENT OF PURPOSE
RS 17817
This legislation amends two sections of Idaho Code, 23-904(10) and
23-957.
Idaho Code 23-904(10) requires a one time fee of $25,000 and an
annual renewal fee of $3,500 for each license issued to owners,
operators and lessees of lodging, beverage and dining facilities
within the contiguous boundaries of a year-round resort as defined
in 23-957.
Idaho code 23-957 provides additional licenses to lodging, dining
and beverage facilities located within the contiguous boundaries of
a year-round resort as defined in Idaho Code 23-957. The 2006
Legislature enacted Idaho Code 23-957 to provide three liquor
licenses for lodging, beverage and dining facilities located within
the contiguous boundaries of a year-round resort.
The purpose of this legislation is to provide nine additional
licenses for lodging, beverage and dining facilities located within
the contiguous boundaries of a year-round resort as set forth in
Idaho Code 23-957; and provides a one time fee of $25,000 per
license and an annual renewal fee of $3,500 per license.
These licenses are non-transferable and cannot be sold and
therefore have no value to anyone other than the license holder.
FISCAL NOTE
None.
Contact
Name: Scott Turlington
Agency: Tamarack Resort
Phone: 208-724-3190
STATEMENT OF PURPOSE/FISCAL NOTE S 1382