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S1413aa,aaH................................................by STATE AFFAIRS
LIQUOR LICENSES - Amends existing law relating to liquor licenses to revise
provisions relating to the issuance of licenses to owners, operators and
lessees of certain food, conference and lodging facilities.
02/08 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to St Aff
02/28 Rpt out - to 14th Ord
03/04 Rpt out amen - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/06 2nd rdg - to 3rd rdg as amen
03/07 3rd rdg as amen - PASSED - 29-3-3
AYES -- Andreason, Bair, Bastian, Bilyeu, Burkett, Cameron, Coiner,
Corder, Davis, Fulcher, Geddes, Goedde, Hammond, Heinrich, Hill,
Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Stegner,
Stennett, Werk
NAYS -- Darrington, Richardson, Schroeder
Absent and excused -- Broadsword, Gannon, Siddoway
Floor Sponsor - Heinrich
Title apvd - to House
03/10 House intro - 1st rdg - to St Aff
03/25 Rpt out - to Gen Ord
Rpt out amen - to 1st rdg as amen
03/26 1st rdg - to 2nd rdg as amen
03/27 2nd rdg - to 3rd rdg as amen
Rls susp - PASSED - 44-22-4
AYES -- Bayer, Bedke, Bilbao, Black, Bock, Boe, Bolz, Brackett,
Chadderdon, Chavez, Chew, Crane, Durst, Eskridge, Hagedorn, Hart,
Henbest, Henderson, Jaquet, Killen, King, Kren, LeFavour, Moyle,
Nonini, Pasley-Stuart, Patrick, Pence, Ringo, Roberts, Ruchti,
Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08), Shively,
Smith(30), Snodgrass, Thomas, Trail, Wills, Wood(27), Mr. Speaker
NAYS -- Andrus, Barrett, Bell, Block, Bowers, Bradford, Collins,
Harwood, Lake, Loertscher, Luker, Marriott, Mathews, Mortimer,
Nielsen, Raybould, Shirley, Smith(24), Stevenson, Thayn, Vander
Woude, Wood(35)
Absent and excused -- Anderson, Clark, Labrador, McGeachin
Floor Sponsor - Shepherd(8)
Title apvd - to Senate
03/27 Senate concurred in House amens - to engros
03/28 Rpt engros - 1st rdg - to 2nd rdg as amen
03/31 2nd rdg - to 3rd rdg as amen
Rls susp - PASSED - 27-5-3
AYES -- Andreason, Bastian, Bilyeu, Broadsword, Burkett, Cameron,
Coiner, Corder, Davis, Fulcher, Gannon(Gannon), Geddes, Goedde,
Hammond, Heinrich, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai(Sagness), McGee, McKague, Stegner, Stennett, Werk
NAYS -- Bair, Darrington, Richardson, Schroeder, Siddoway
Absent and excused -- Hill, McKenzie, Pearce
Floor Sponsor - Heinrich
Title apvd - to enrol
04/01 Rpt enrol - Pres signed - Sp signed - To Governor
04/11 Governor signed
Session Law Chapter 405
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1413 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO LIQUOR LICENSES; AMENDING SECTION 23-903, IDAHO CODE, TO REVISE 3 PROVISIONS RELATING TO THE ISSUANCE OF LICENSES TO OWNERS, OPERATORS AND 4 LESSEES OF CERTAIN FOOD, CONFERENCE AND LODGING FACILITIES. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 23-903, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 23-903. LICENSE TO RETAIL LIQUOR. The director of the Idaho state police 9 is hereby empowered, authorized, and directed to issue licenses to qualified 10 applicants, as herein provided, whereby the licensee shall be authorized and 11 permitted to sell liquor by the drink at retail and, upon the issuance of such 12 license, the licensee therein named shall be authorized to sell liquor at 13 retail by the drink, but only in accordance with the rules promulgated by the 14 director and the provisions of this chapter. No license shall be issued for 15 the sale of liquor on any premises outside the incorporated limits of any city 16 except as provided in this chapter and the number of licenses so issued for 17 any city shall not exceed one (1) license for each one thousand five hundred 18 (1,500) of population of said city or fraction thereof, as established in the 19 last preceding census, or any subsequent special census conducted by the 20 United States bureau of the census or by an estimate that is statistically 21 valid including adding the number of new residential utility connections or 22 including adding the population of areas annexed into the city after the last 23 census or special census was conducted, except that upon proper application 24 thereof not more than two (2) licenses may be issued for each incorporated 25 city with a population of one thousand five hundred (1,500) or less, unless 26 the retail licensing of liquor by the drink has been previously disapproved 27 under the provisions of sections 23-917, 23-918, 23-919, 23-920 and 23-921, 28 Idaho Code; provided, however, that any license heretofore issued may be 29 renewed from year to year without regard to the population or status of the 30 city for which such license is issued. Any license issued and which has 31 remained in effect at its location for a consecutive period of ten (10) years 32 or more shall be deemed to have been validly issued and may be renewed from 33 year to year provided, however, that the applicant for the renewal of such 34 license is not otherwise disqualified for licensure pursuant to section 35 23-910, Idaho Code, and, if the premises required special characteristics for 36 original licensure, other than being either within or without the incorporated 37 limits of a city, that said premises continue to have such special character- 38 istics at the time of the application for renewal. 39 Nothing herein contained shall prohibit the issuance of a license to the 40 owner, operator, or lessee of an actual, bona fide golf course whether located 41 within or without the limits of any city, or located on premises also operated 42 as a winery, or ski resort, or to the lessee of any premises situate thereon, 43 no part of which ski resort or the premises thereon is situate within the 2 1 incorporated limits of any city. For the purpose of this section a golf course 2 shall comprise an actual, bona fide golf course, which is regularly used for 3 the playing of the game of golf, and having not less than nine (9) tees, 4 fairways and greens laid out and used in the usual and regular manner of a 5 golf course. Nine (9) hole courses must have a total yardage of at least one 6 thousand (1,000) yards, and eighteen (18) hole courses must have a total 7 yardage of at least two thousand (2,000) yards as measured by totaling the 8 tee-to-green distance of all holes. The course must be planted in grass except 9 that it may provide artificial tee mats. Where any such golf course is owned 10 or leased by an association of members and is used or enjoyed by such members, 11 or their guests, none of the disqualifications contained in section 23-910, 12 Idaho Code, shall apply to such association as a licensee where such disquali- 13 fications, or any of them, would apply only to a member of such association 14 where such member has no interest therein except as a member thereof. 15 Also for the purpose of this section a ski resort shall comprise real 16 property of not less than ten (10) acres in size, exclusive of the terrain 17 used for skiing and upon which the owner, operator, or lessee of the ski 18 resort has made available himself, or through others, including, but not lim- 19 ited to, the owners of condominiums, permanent bona fide overnight accommoda- 20 tions available to the general public for one hundred (100) persons or more, 21 and which real property is contiguous to or located within the area in which 22 skiing occurs, and which real property is regularly operated as a ski resort 23 in the winter time, and where the owner, operator, or lessee of the ski resort 24 is also the owner, operator, or lessee of the area served by a bona fide chair 25 ski lift facility or facilities. Alternatively, for the purpose of this sec- 26 tion a ski resort may also be defined as a downhill ski area, open to the pub- 27 lic, comprising real property of not less than two hundred fifty (250) skiable 28 acres, operating two (2) or more chair lifts with a vertical lift of one thou- 29 sand (1,000) feet or more, and capable of transporting a minimum of one thou- 30 sand eight hundred (1,800) skiers per hour. A ski resort qualifying under this 31 definition shall also have on the premises a lodge facility providing shelter 32 and food service to the public, the operator of which shall also be the valid 33 owner or lessee of the grounds and facilities upon which the ski resort offers 34 downhill skiing services to the public. The fees for licenses granted to ski 35 resorts shall be the same as those prescribed for golf courses as set forth in 36 section 23-904, Idaho Code. Not more than one (1) licensed premises shall be 37 permitted on any golf course or any ski resort or within the area comprising 38 the same. 39 Nothing herein contained shall prohibit the issuance of a license to the 40 owner, operator or lessee of an actual, bona fide equestrian facility located 41 on not less than forty (40) contiguous acres, with permanently erected seating 42 of not less than six thousand (6,000) seats, no part of which equestrian 43 facility or the premises thereon is situate within the incorporated limits of 44 any city, and which facility shall have at least three (3) days per year of a 45 professionally sanctioned rodeo. Not more than one (1) licensed premises shall 46 be permitted at any equestrian facility or within an area comprising such a 47 facility. The license shall be solely for the equestrian facility and shall 48 not be transferred to any other location. The fees for licenses granted to 49 equestrian facilities shall be the same as those prescribed for golf courses 50 as set forth in section 23-904, Idaho Code. 51 Nothing herein contained shall prohibit the issuance of a license to the 52 owner, operator, or lessee of a restaurant operated on an airport owned or 53 operated by a county or municipal corporation or on an airport owned or oper- 54 ated jointly by a county and municipal corporation, and which said airport is 55 served by a trunk or local service air carrier holding a certificate of public 3 1 convenience and necessity issued by the Civil Aeronautics Board of the United 2 States of America. Not more than one (1) license shall be issued on any air- 3 port. 4 Nothing herein contained shall prohibit the issuance of one (1) club 5 license to a club as defined in section 23-902, Idaho Code. The holder of a 6 club license is authorized to sell and serve alcoholic beverages for consump- 7 tion only within the licensed establishment owned, leased or occupied by the 8 club, and only to bona fide members of the club, and to serve and to sell 9 alcoholic beverages for consumption to bona fide members' guests. A club 10 license issued pursuant to the provisions of this section is not transferable 11 and may not be sold. Any club license issued pursuant to the provisions of 12 this section will revert to the director when, in his judgment, the licensee 13 ceases to operate as a bona fide club as defined in section 23-902, Idaho 14 Code. No club may hold a liquor license and a club license simultaneously. A 15 club which on July 1, 1983, holds a liquor license, may continue to possess 16 that license. Any club which possesses a liquor license on January 1, 1983, or 17 thereafter, and then sells that liquor license, may not obtain a club license, 18 and the director shall not issue a club license to that club for a period of 19 five (5) years following such sale. The fee for any license issued to a quali- 20 fying club within an incorporated municipality shall be as prescribed in sub- 21 sections (1), (2) and (3) of section 23-904, Idaho Code. The fee for any 22 license issued to a qualifying club not situate within an incorporated munici- 23 pality shall be as specified for golf courses under section 23-904(6), Idaho 24 Code. The provisions of section 23-916, Idaho Code, regarding county and city 25 licenses, shall pertain to club licenses. The burden of producing sufficient 26 documentation of qualifications for club licensure shall be with the club 27 applicant. 28 Nothing in this chapter to the contrary shall prohibit the issuance of a 29 license to the owner, operator, or lessee of an actual, bona fide convention 30 center which is within the incorporated limits of a city having a population 31 of three thousand (3,000) or greater, and which city does not have located 32 therein a convention center with a valid convention center license to sell 33 liquor by the drink. For the purpose of this section, a convention center 34 means a facility having at least thirty-five thousand (35,000) square feet of 35 floor space or a facility having at least one hundred twenty (120) sleeping 36 rooms and an adjoining meeting room which will accommodate not less than three 37 hundred fifty (350) persons, whether or not such room may be partitioned into 38 smaller rooms, and provided that such meeting room shall contain at least 39 three thousand (3,000) square feet of floor space. Such license must be placed 40 in actual use in said convention center within one (1) year from the date of 41 its issuance. The fee for any license issued to a qualifying convention center 42 shall be as prescribed in subsection (3) of section 23-904, Idaho Code. No 43 license issued to a convention center hereunder shall be transferable to 44 another location or facility, nor shall the holder of a convention center 45 license be eligible for the issuance of a license in the same city pursuant to 46 any other provision of this chapter. For purposes of this section, the term 47 holder shall include an owner, operator or lessee and shall include a stock- 48 holder, director, or officer of a corporation, or a partner in a partnership, 49 which corporation or partnership has been issued a convention center license 50 pursuant to this chapter. Not more than one (1) licensed premises shall be 51 permitted on any convention center or within the area comprising the same, 52 including convention centers that also comprise golf courses or ski resorts as 53 herein defined. 54 Nothing in this chapter shall prohibit the issuance of a license to the 55 owner, operator or lessee of a food, beverage and/or lodging facility that has 4 1 been in continuous operation in the same location for at least seventy-five 2 (75) years, except for temporary closings for refurbishing or reconstruction, 3 or a food, beverage and lodging facility serving the public by reservation 4 only, having a minimum of five (5) rooms operating in a structure that has 5 been in existence for at least seventy-five (75) years and has been on the 6 historic register for a minimum of ten (10) years, is situated within five 7 hundred (500) yards of a natural lake containing a minimum of thirty-six 8 thousand (36,000) acre feet of water when full with a minimum of thirty-two 9 (32) miles of shoreline, and is located in a county with a minimum population 10 of sixty-five thousand (65,000). The provisions of section 23-910, Idaho Code, 11 shall apply to licenses issued to continuous operation facilities. The fees 12 shall be the same as those prescribed for golf courses as set forth in section 13 23-904, Idaho Code. Licenses issued to continuous operation facilities are not 14 transferable. 15 Nothing in this chapter shall prohibit the issuance of a license to the 16 owner, operator or lessee of the lodging, dining and entertainment facilities 17 owned by a gondola resort complex and operated in conjunction with the other 18 public services provided by a gondola resort complex located within the 19 ownership/leasehold boundaries of a gondola resort complex. 20 A gondola resort complex means an actual, bona fide gondola capable of 21 transporting people for recreational and/or entertainment purposes at least 22 three (3) miles in length with a vertical rise of three thousand (3,000) feet, 23 portions of which may be located within or over the limits of one (1) or more 24 cities. 25 Nothing in this chapter shall prohibit the issuance of a license to the 26 owner, operator or lessee of a winery also operating a golf course on the 27 premises. 28 Subject to approval of the mayor and city council, nothing in this chap- 29 ter shall prohibit the issuance of a license to the owner, operator or lessee 30 of a food, conference and lodging facility constructed after July 1, 2004, 31 containing a minimum ofsixtyfifty thousand (650,000) square feet and sixty 32 (60) guest rooms with a minimum taxable value offifteenfive million dollars 33 ($15,000,000) in a city with a population of less thanfiveone thousand five 34 hundred (5,01,500) according to the most recent census. 35 The provisions of section 23-910, Idaho Code, shall apply to licenses 36 issued under the provisions of this section. The fees shall be the same as 37 those prescribed for golf courses as set forth in section 23-904, Idaho Code. 38 Licenses issued under the provisions of this section are not transferable.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Snodgrass Seconded by Pasley-Stuart IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO S.B. NO. 1413, As Amended 1 AMENDMENTS TO SECTION 1 2 On page 4 of the engrossed bill, in line 30, delete "July 1, 2004" and 3 insert: "July 1, 2004May 1, 2000"; in line 31, delete "fifty thousand 4 (650,000) square feet and sixty" and insert: "thirty-five thousand (6035,000) 5 square feet andsixtyfifty-five"; in line 32, delete "(60)" and insert: 6 "(6055)"; also in line 32, delete "five" and insert: "three"; and in line 33, 7 delete "($15,000,000)" and insert: "($153,000,000)". 2 Moved by Stennett Seconded by Heinrich IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1413 1 AMENDMENT TO SECTION 1 2 On page 4 of the printed bill, delete lines 33 and 34 and insert: 3 "($15,000,000) in a city with a population of less than five thousand (5,000) 4 according to the most recent census.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1413, As Amended, As Amended in the House BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO LIQUOR LICENSES; AMENDING SECTION 23-903, IDAHO CODE, TO REVISE 3 PROVISIONS RELATING TO THE ISSUANCE OF LICENSES TO OWNERS, OPERATORS AND 4 LESSEES OF CERTAIN FOOD, CONFERENCE AND LODGING FACILITIES. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 23-903, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 23-903. LICENSE TO RETAIL LIQUOR. The director of the Idaho state police 9 is hereby empowered, authorized, and directed to issue licenses to qualified 10 applicants, as herein provided, whereby the licensee shall be authorized and 11 permitted to sell liquor by the drink at retail and, upon the issuance of such 12 license, the licensee therein named shall be authorized to sell liquor at 13 retail by the drink, but only in accordance with the rules promulgated by the 14 director and the provisions of this chapter. No license shall be issued for 15 the sale of liquor on any premises outside the incorporated limits of any city 16 except as provided in this chapter and the number of licenses so issued for 17 any city shall not exceed one (1) license for each one thousand five hundred 18 (1,500) of population of said city or fraction thereof, as established in the 19 last preceding census, or any subsequent special census conducted by the 20 United States bureau of the census or by an estimate that is statistically 21 valid including adding the number of new residential utility connections or 22 including adding the population of areas annexed into the city after the last 23 census or special census was conducted, except that upon proper application 24 thereof not more than two (2) licenses may be issued for each incorporated 25 city with a population of one thousand five hundred (1,500) or less, unless 26 the retail licensing of liquor by the drink has been previously disapproved 27 under the provisions of sections 23-917, 23-918, 23-919, 23-920 and 23-921, 28 Idaho Code; provided, however, that any license heretofore issued may be 29 renewed from year to year without regard to the population or status of the 30 city for which such license is issued. Any license issued and which has 31 remained in effect at its location for a consecutive period of ten (10) years 32 or more shall be deemed to have been validly issued and may be renewed from 33 year to year provided, however, that the applicant for the renewal of such 34 license is not otherwise disqualified for licensure pursuant to section 35 23-910, Idaho Code, and, if the premises required special characteristics for 36 original licensure, other than being either within or without the incorporated 37 limits of a city, that said premises continue to have such special character- 38 istics at the time of the application for renewal. 39 Nothing herein contained shall prohibit the issuance of a license to the 40 owner, operator, or lessee of an actual, bona fide golf course whether located 41 within or without the limits of any city, or located on premises also operated 42 as a winery, or ski resort, or to the lessee of any premises situate thereon, 43 no part of which ski resort or the premises thereon is situate within the 2 1 incorporated limits of any city. For the purpose of this section a golf course 2 shall comprise an actual, bona fide golf course, which is regularly used for 3 the playing of the game of golf, and having not less than nine (9) tees, 4 fairways and greens laid out and used in the usual and regular manner of a 5 golf course. Nine (9) hole courses must have a total yardage of at least one 6 thousand (1,000) yards, and eighteen (18) hole courses must have a total 7 yardage of at least two thousand (2,000) yards as measured by totaling the 8 tee-to-green distance of all holes. The course must be planted in grass except 9 that it may provide artificial tee mats. Where any such golf course is owned 10 or leased by an association of members and is used or enjoyed by such members, 11 or their guests, none of the disqualifications contained in section 23-910, 12 Idaho Code, shall apply to such association as a licensee where such disquali- 13 fications, or any of them, would apply only to a member of such association 14 where such member has no interest therein except as a member thereof. 15 Also for the purpose of this section a ski resort shall comprise real 16 property of not less than ten (10) acres in size, exclusive of the terrain 17 used for skiing and upon which the owner, operator, or lessee of the ski 18 resort has made available himself, or through others, including, but not lim- 19 ited to, the owners of condominiums, permanent bona fide overnight accommoda- 20 tions available to the general public for one hundred (100) persons or more, 21 and which real property is contiguous to or located within the area in which 22 skiing occurs, and which real property is regularly operated as a ski resort 23 in the winter time, and where the owner, operator, or lessee of the ski resort 24 is also the owner, operator, or lessee of the area served by a bona fide chair 25 ski lift facility or facilities. Alternatively, for the purpose of this sec- 26 tion a ski resort may also be defined as a downhill ski area, open to the pub- 27 lic, comprising real property of not less than two hundred fifty (250) skiable 28 acres, operating two (2) or more chair lifts with a vertical lift of one thou- 29 sand (1,000) feet or more, and capable of transporting a minimum of one thou- 30 sand eight hundred (1,800) skiers per hour. A ski resort qualifying under this 31 definition shall also have on the premises a lodge facility providing shelter 32 and food service to the public, the operator of which shall also be the valid 33 owner or lessee of the grounds and facilities upon which the ski resort offers 34 downhill skiing services to the public. The fees for licenses granted to ski 35 resorts shall be the same as those prescribed for golf courses as set forth in 36 section 23-904, Idaho Code. Not more than one (1) licensed premises shall be 37 permitted on any golf course or any ski resort or within the area comprising 38 the same. 39 Nothing herein contained shall prohibit the issuance of a license to the 40 owner, operator or lessee of an actual, bona fide equestrian facility located 41 on not less than forty (40) contiguous acres, with permanently erected seating 42 of not less than six thousand (6,000) seats, no part of which equestrian 43 facility or the premises thereon is situate within the incorporated limits of 44 any city, and which facility shall have at least three (3) days per year of a 45 professionally sanctioned rodeo. Not more than one (1) licensed premises shall 46 be permitted at any equestrian facility or within an area comprising such a 47 facility. The license shall be solely for the equestrian facility and shall 48 not be transferred to any other location. The fees for licenses granted to 49 equestrian facilities shall be the same as those prescribed for golf courses 50 as set forth in section 23-904, Idaho Code. 51 Nothing herein contained shall prohibit the issuance of a license to the 52 owner, operator, or lessee of a restaurant operated on an airport owned or 53 operated by a county or municipal corporation or on an airport owned or oper- 54 ated jointly by a county and municipal corporation, and which said airport is 55 served by a trunk or local service air carrier holding a certificate of public 3 1 convenience and necessity issued by the Civil Aeronautics Board of the United 2 States of America. Not more than one (1) license shall be issued on any air- 3 port. 4 Nothing herein contained shall prohibit the issuance of one (1) club 5 license to a club as defined in section 23-902, Idaho Code. The holder of a 6 club license is authorized to sell and serve alcoholic beverages for consump- 7 tion only within the licensed establishment owned, leased or occupied by the 8 club, and only to bona fide members of the club, and to serve and to sell 9 alcoholic beverages for consumption to bona fide members' guests. A club 10 license issued pursuant to the provisions of this section is not transferable 11 and may not be sold. Any club license issued pursuant to the provisions of 12 this section will revert to the director when, in his judgment, the licensee 13 ceases to operate as a bona fide club as defined in section 23-902, Idaho 14 Code. No club may hold a liquor license and a club license simultaneously. A 15 club which on July 1, 1983, holds a liquor license, may continue to possess 16 that license. Any club which possesses a liquor license on January 1, 1983, or 17 thereafter, and then sells that liquor license, may not obtain a club license, 18 and the director shall not issue a club license to that club for a period of 19 five (5) years following such sale. The fee for any license issued to a quali- 20 fying club within an incorporated municipality shall be as prescribed in sub- 21 sections (1), (2) and (3) of section 23-904, Idaho Code. The fee for any 22 license issued to a qualifying club not situate within an incorporated munici- 23 pality shall be as specified for golf courses under section 23-904(6), Idaho 24 Code. The provisions of section 23-916, Idaho Code, regarding county and city 25 licenses, shall pertain to club licenses. The burden of producing sufficient 26 documentation of qualifications for club licensure shall be with the club 27 applicant. 28 Nothing in this chapter to the contrary shall prohibit the issuance of a 29 license to the owner, operator, or lessee of an actual, bona fide convention 30 center which is within the incorporated limits of a city having a population 31 of three thousand (3,000) or greater, and which city does not have located 32 therein a convention center with a valid convention center license to sell 33 liquor by the drink. For the purpose of this section, a convention center 34 means a facility having at least thirty-five thousand (35,000) square feet of 35 floor space or a facility having at least one hundred twenty (120) sleeping 36 rooms and an adjoining meeting room which will accommodate not less than three 37 hundred fifty (350) persons, whether or not such room may be partitioned into 38 smaller rooms, and provided that such meeting room shall contain at least 39 three thousand (3,000) square feet of floor space. Such license must be placed 40 in actual use in said convention center within one (1) year from the date of 41 its issuance. The fee for any license issued to a qualifying convention center 42 shall be as prescribed in subsection (3) of section 23-904, Idaho Code. No 43 license issued to a convention center hereunder shall be transferable to 44 another location or facility, nor shall the holder of a convention center 45 license be eligible for the issuance of a license in the same city pursuant to 46 any other provision of this chapter. For purposes of this section, the term 47 holder shall include an owner, operator or lessee and shall include a stock- 48 holder, director, or officer of a corporation, or a partner in a partnership, 49 which corporation or partnership has been issued a convention center license 50 pursuant to this chapter. Not more than one (1) licensed premises shall be 51 permitted on any convention center or within the area comprising the same, 52 including convention centers that also comprise golf courses or ski resorts as 53 herein defined. 54 Nothing in this chapter shall prohibit the issuance of a license to the 55 owner, operator or lessee of a food, beverage and/or lodging facility that has 4 1 been in continuous operation in the same location for at least seventy-five 2 (75) years, except for temporary closings for refurbishing or reconstruction, 3 or a food, beverage and lodging facility serving the public by reservation 4 only, having a minimum of five (5) rooms operating in a structure that has 5 been in existence for at least seventy-five (75) years and has been on the 6 historic register for a minimum of ten (10) years, is situated within five 7 hundred (500) yards of a natural lake containing a minimum of thirty-six 8 thousand (36,000) acre feet of water when full with a minimum of thirty-two 9 (32) miles of shoreline, and is located in a county with a minimum population 10 of sixty-five thousand (65,000). The provisions of section 23-910, Idaho Code, 11 shall apply to licenses issued to continuous operation facilities. The fees 12 shall be the same as those prescribed for golf courses as set forth in section 13 23-904, Idaho Code. Licenses issued to continuous operation facilities are not 14 transferable. 15 Nothing in this chapter shall prohibit the issuance of a license to the 16 owner, operator or lessee of the lodging, dining and entertainment facilities 17 owned by a gondola resort complex and operated in conjunction with the other 18 public services provided by a gondola resort complex located within the 19 ownership/leasehold boundaries of a gondola resort complex. 20 A gondola resort complex means an actual, bona fide gondola capable of 21 transporting people for recreational and/or entertainment purposes at least 22 three (3) miles in length with a vertical rise of three thousand (3,000) feet, 23 portions of which may be located within or over the limits of one (1) or more 24 cities. 25 Nothing in this chapter shall prohibit the issuance of a license to the 26 owner, operator or lessee of a winery also operating a golf course on the 27 premises. 28 Subject to approval of the mayor and city council, nothing in this chap- 29 ter shall prohibit the issuance of a license to the owner, operator or lessee 30 of a food, conference and lodging facility constructed afterJuly 1, 2004May 31 1, 2000, containing a minimum ofsixtythirty-five thousand (6035,000) square 32 feet andsixtyfifty-five (6055) guest rooms with a minimum taxable value of 33fifteenthree million dollars ($153,000,000) in a city with a population of 34 less than five thousand (5,000) according to the most recent census. 35 The provisions of section 23-910, Idaho Code, shall apply to licenses 36 issued under the provisions of this section. The fees shall be the same as 37 those prescribed for golf courses as set forth in section 23-904, Idaho Code. 38 Licenses issued under the provisions of this section are not transferable. 5 IN THE SENATE SENATE BILL NO. 1413, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO LIQUOR LICENSES; AMENDING SECTION 23-903, IDAHO CODE, TO REVISE 3 PROVISIONS RELATING TO THE ISSUANCE OF LICENSES TO OWNERS, OPERATORS AND 4 LESSEES OF CERTAIN FOOD, CONFERENCE AND LODGING FACILITIES. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 2. That Section 23-903, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 23-903. LICENSE TO RETAIL LIQUOR. The director of the Idaho state police 9 is hereby empowered, authorized, and directed to issue licenses to qualified 10 applicants, as herein provided, whereby the licensee shall be authorized and 11 permitted to sell liquor by the drink at retail and, upon the issuance of such 12 license, the licensee therein named shall be authorized to sell liquor at 13 retail by the drink, but only in accordance with the rules promulgated by the 14 director and the provisions of this chapter. No license shall be issued for 15 the sale of liquor on any premises outside the incorporated limits of any city 16 except as provided in this chapter and the number of licenses so issued for 17 any city shall not exceed one (1) license for each one thousand five hundred 18 (1,500) of population of said city or fraction thereof, as established in the 19 last preceding census, or any subsequent special census conducted by the 20 United States bureau of the census or by an estimate that is statistically 21 valid including adding the number of new residential utility connections or 22 including adding the population of areas annexed into the city after the last 23 census or special census was conducted, except that upon proper application 24 thereof not more than two (2) licenses may be issued for each incorporated 25 city with a population of one thousand five hundred (1,500) or less, unless 26 the retail licensing of liquor by the drink has been previously disapproved 27 under the provisions of sections 23-917, 23-918, 23-919, 23-920 and 23-921, 28 Idaho Code; provided, however, that any license heretofore issued may be 29 renewed from year to year without regard to the population or status of the 30 city for which such license is issued. Any license issued and which has 31 remained in effect at its location for a consecutive period of ten (10) years 32 or more shall be deemed to have been validly issued and may be renewed from 33 year to year provided, however, that the applicant for the renewal of such 34 license is not otherwise disqualified for licensure pursuant to section 35 23-910, Idaho Code, and, if the premises required special characteristics for 36 original licensure, other than being either within or without the incorporated 37 limits of a city, that said premises continue to have such special character- 38 istics at the time of the application for renewal. 39 Nothing herein contained shall prohibit the issuance of a license to the 40 owner, operator, or lessee of an actual, bona fide golf course whether located 41 within or without the limits of any city, or located on premises also operated 42 as a winery, or ski resort, or to the lessee of any premises situate thereon, 43 no part of which ski resort or the premises thereon is situate within the 44 incorporated limits of any city. For the purpose of this section a golf course 45 shall comprise an actual, bona fide golf course, which is regularly used for 46 the playing of the game of golf, and having not less than nine (9) tees, 6 1 fairways and greens laid out and used in the usual and regular manner of a 2 golf course. Nine (9) hole courses must have a total yardage of at least one 3 thousand (1,000) yards, and eighteen (18) hole courses must have a total 4 yardage of at least two thousand (2,000) yards as measured by totaling the 5 tee-to-green distance of all holes. The course must be planted in grass except 6 that it may provide artificial tee mats. Where any such golf course is owned 7 or leased by an association of members and is used or enjoyed by such members, 8 or their guests, none of the disqualifications contained in section 23-910, 9 Idaho Code, shall apply to such association as a licensee where such disquali- 10 fications, or any of them, would apply only to a member of such association 11 where such member has no interest therein except as a member thereof. 12 Also for the purpose of this section a ski resort shall comprise real 13 property of not less than ten (10) acres in size, exclusive of the terrain 14 used for skiing and upon which the owner, operator, or lessee of the ski 15 resort has made available himself, or through others, including, but not lim- 16 ited to, the owners of condominiums, permanent bona fide overnight accommoda- 17 tions available to the general public for one hundred (100) persons or more, 18 and which real property is contiguous to or located within the area in which 19 skiing occurs, and which real property is regularly operated as a ski resort 20 in the winter time, and where the owner, operator, or lessee of the ski resort 21 is also the owner, operator, or lessee of the area served by a bona fide chair 22 ski lift facility or facilities. Alternatively, for the purpose of this sec- 23 tion a ski resort may also be defined as a downhill ski area, open to the pub- 24 lic, comprising real property of not less than two hundred fifty (250) skiable 25 acres, operating two (2) or more chair lifts with a vertical lift of one thou- 26 sand (1,000) feet or more, and capable of transporting a minimum of one thou- 27 sand eight hundred (1,800) skiers per hour. A ski resort qualifying under this 28 definition shall also have on the premises a lodge facility providing shelter 29 and food service to the public, the operator of which shall also be the valid 30 owner or lessee of the grounds and facilities upon which the ski resort offers 31 downhill skiing services to the public. The fees for licenses granted to ski 32 resorts shall be the same as those prescribed for golf courses as set forth in 33 section 23-904, Idaho Code. Not more than one (1) licensed premises shall be 34 permitted on any golf course or any ski resort or within the area comprising 35 the same. 36 Nothing herein contained shall prohibit the issuance of a license to the 37 owner, operator or lessee of an actual, bona fide equestrian facility located 38 on not less than forty (40) contiguous acres, with permanently erected seating 39 of not less than six thousand (6,000) seats, no part of which equestrian 40 facility or the premises thereon is situate within the incorporated limits of 41 any city, and which facility shall have at least three (3) days per year of a 42 professionally sanctioned rodeo. Not more than one (1) licensed premises shall 43 be permitted at any equestrian facility or within an area comprising such a 44 facility. The license shall be solely for the equestrian facility and shall 45 not be transferred to any other location. The fees for licenses granted to 46 equestrian facilities shall be the same as those prescribed for golf courses 47 as set forth in section 23-904, Idaho Code. 48 Nothing herein contained shall prohibit the issuance of a license to the 49 owner, operator, or lessee of a restaurant operated on an airport owned or 50 operated by a county or municipal corporation or on an airport owned or oper- 51 ated jointly by a county and municipal corporation, and which said airport is 52 served by a trunk or local service air carrier holding a certificate of public 53 convenience and necessity issued by the Civil Aeronautics Board of the United 54 States of America. Not more than one (1) license shall be issued on any air- 55 port. 7 1 Nothing herein contained shall prohibit the issuance of one (1) club 2 license to a club as defined in section 23-902, Idaho Code. The holder of a 3 club license is authorized to sell and serve alcoholic beverages for consump- 4 tion only within the licensed establishment owned, leased or occupied by the 5 club, and only to bona fide members of the club, and to serve and to sell 6 alcoholic beverages for consumption to bona fide members' guests. A club 7 license issued pursuant to the provisions of this section is not transferable 8 and may not be sold. Any club license issued pursuant to the provisions of 9 this section will revert to the director when, in his judgment, the licensee 10 ceases to operate as a bona fide club as defined in section 23-902, Idaho 11 Code. No club may hold a liquor license and a club license simultaneously. A 12 club which on July 1, 1983, holds a liquor license, may continue to possess 13 that license. Any club which possesses a liquor license on January 1, 1983, or 14 thereafter, and then sells that liquor license, may not obtain a club license, 15 and the director shall not issue a club license to that club for a period of 16 five (5) years following such sale. The fee for any license issued to a quali- 17 fying club within an incorporated municipality shall be as prescribed in sub- 18 sections (1), (2) and (3) of section 23-904, Idaho Code. The fee for any 19 license issued to a qualifying club not situate within an incorporated munici- 20 pality shall be as specified for golf courses under section 23-904(6), Idaho 21 Code. The provisions of section 23-916, Idaho Code, regarding county and city 22 licenses, shall pertain to club licenses. The burden of producing sufficient 23 documentation of qualifications for club licensure shall be with the club 24 applicant. 25 Nothing in this chapter to the contrary shall prohibit the issuance of a 26 license to the owner, operator, or lessee of an actual, bona fide convention 27 center which is within the incorporated limits of a city having a population 28 of three thousand (3,000) or greater, and which city does not have located 29 therein a convention center with a valid convention center license to sell 30 liquor by the drink. For the purpose of this section, a convention center 31 means a facility having at least thirty-five thousand (35,000) square feet of 32 floor space or a facility having at least one hundred twenty (120) sleeping 33 rooms and an adjoining meeting room which will accommodate not less than three 34 hundred fifty (350) persons, whether or not such room may be partitioned into 35 smaller rooms, and provided that such meeting room shall contain at least 36 three thousand (3,000) square feet of floor space. Such license must be placed 37 in actual use in said convention center within one (1) year from the date of 38 its issuance. The fee for any license issued to a qualifying convention center 39 shall be as prescribed in subsection (3) of section 23-904, Idaho Code. No 40 license issued to a convention center hereunder shall be transferable to 41 another location or facility, nor shall the holder of a convention center 42 license be eligible for the issuance of a license in the same city pursuant to 43 any other provision of this chapter. For purposes of this section, the term 44 holder shall include an owner, operator or lessee and shall include a stock- 45 holder, director, or officer of a corporation, or a partner in a partnership, 46 which corporation or partnership has been issued a convention center license 47 pursuant to this chapter. Not more than one (1) licensed premises shall be 48 permitted on any convention center or within the area comprising the same, 49 including convention centers that also comprise golf courses or ski resorts as 50 herein defined. 51 Nothing in this chapter shall prohibit the issuance of a license to the 52 owner, operator or lessee of a food, beverage and/or lodging facility that has 53 been in continuous operation in the same location for at least seventy-five 54 (75) years, except for temporary closings for refurbishing or reconstruction, 55 or a food, beverage and lodging facility serving the public by reservation 8 1 only, having a minimum of five (5) rooms operating in a structure that has 2 been in existence for at least seventy-five (75) years and has been on the 3 historic register for a minimum of ten (10) years, is situated within five 4 hundred (500) yards of a natural lake containing a minimum of thirty-six 5 thousand (36,000) acre feet of water when full with a minimum of thirty-two 6 (32) miles of shoreline, and is located in a county with a minimum population 7 of sixty-five thousand (65,000). The provisions of section 23-910, Idaho Code, 8 shall apply to licenses issued to continuous operation facilities. The fees 9 shall be the same as those prescribed for golf courses as set forth in section 10 23-904, Idaho Code. Licenses issued to continuous operation facilities are not 11 transferable. 12 Nothing in this chapter shall prohibit the issuance of a license to the 13 owner, operator or lessee of the lodging, dining and entertainment facilities 14 owned by a gondola resort complex and operated in conjunction with the other 15 public services provided by a gondola resort complex located within the 16 ownership/leasehold boundaries of a gondola resort complex. 17 A gondola resort complex means an actual, bona fide gondola capable of 18 transporting people for recreational and/or entertainment purposes at least 19 three (3) miles in length with a vertical rise of three thousand (3,000) feet, 20 portions of which may be located within or over the limits of one (1) or more 21 cities. 22 Nothing in this chapter shall prohibit the issuance of a license to the 23 owner, operator or lessee of a winery also operating a golf course on the 24 premises. 25 Subject to approval of the mayor and city council, nothing in this chap- 26 ter shall prohibit the issuance of a license to the owner, operator or lessee 27 of a food, conference and lodging facility constructed after July 1, 2004, 28 containing a minimum ofsixtyfifty thousand (650,000) square feet and sixty 29 (60) guest rooms with a minimum taxable value offifteenfive million dollars 30 ($15,000,000) in a city with a population of less than five thousand (5,000) 31 according to the most recent census. 32 The provisions of section 23-910, Idaho Code, shall apply to licenses 33 issued under the provisions of this section. The fees shall be the same as 34 those prescribed for golf courses as set forth in section 23-904, Idaho Code. 35 Licenses issued under the provisions of this section are not transferable.
STATEMENT OF PURPOSE
RS 17809
The purpose of RS17809 is to encourage tourism and economic
development in Idaho's smaller communities by allowing the Mayor
and City Council of cities with a population of 1,500 or less to
approve the issuing of a non-transferable liquor license in
exchange for a $3 million or greater taxable investment in newly
constructed lodging and hospitality facilities.
FISCAL NOTE
Anytime a non-transferable liquor license is issued as a result of
this act becoming law, tangible economic development has occurred
and there will be a positive fiscal input on the city and state
general fund account and the affected local taxing districts.
Contact
Name: Senator Lee Heinrich
Representative Ken Roberts
Phone: 208-332-1355
STATEMENT OF PURPOSE/FISCAL NOTE S 1413 aa aaH
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