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S1455......................................................by STATE AFFAIRS
SKI RESORT - LIQUOR LICENSE - Amends existing law to provide for the
issuance of a liquor license to a ski resort, whether located within or
without the limits of any city.
03/03 Senate intro - 1st rdg - to printing
03/04 Rpt prt - to St Aff
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 32-2-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Schroeder, Stegner, Stennett, Werk
NAYS -- Richardson, Siddoway
Absent and excused -- Gannon
Floor Sponsor - Stennett
Title apvd - to House
03/18 House intro - 1st rdg - to St Aff
03/25 Rpt out - rec d/p - to 2nd rdg
03/26 2nd rdg - to 3rd rdg
Rls susp - PASSED - 49-18-3
AYES -- Anderson, Bayer, Bedke, Bilbao, Black, Bock, Boe, Bolz,
Brackett, Chadderdon, Chavez, Chew, Clark, Collins, 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), Smith(24), Snodgrass, Thomas,
Trail, Vander Woude, Wills, Wood(27), Mr. Speaker
NAYS -- Andrus, Barrett, Bell, Block, Bowers, Harwood, Labrador,
Lake, Loertscher, Luker, Marriott, Mathews, Mortimer, Nielsen,
Raybould, Shirley, Stevenson, Wood(35)
Absent and excused -- Bradford, McGeachin, Thayn
Floor Sponsor - Jaquet
Title apvd - to Senate
03/27 To enrol - Rpt enrol - Pres signed
03/28 Sp signed
03/31 To Governor
04/01 Governor signed
Session Law Chapter 335
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1455 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO LICENSES TO RETAIL LIQUOR; AMENDING SECTION 23-903, IDAHO CODE, TO 3 PROVIDE FOR THE ISSUANCE OF A LIQUOR LICENSE TO A SKI RESORT WHETHER 4 LOCATED WITHIN OR WITHOUT THE LIMITS OF ANY CITY. 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, 43no part of which ski resort or the premises thereon is situate within the2 1incorporatedwhether located within or without the limits of any city. For the 2 purpose of this section a golf course shall comprise an actual, bona fide golf 3 course, which is regularly used for the playing of the game of golf, and hav- 4 ing not less than nine (9) tees, fairways and greens laid out and used in the 5 usual and regular manner of a golf course. Nine (9) hole courses must have a 6 total yardage of at least one thousand (1,000) yards, and eighteen (18) hole 7 courses must have a total yardage of at least two thousand (2,000) yards as 8 measured by totaling the tee-to-green distance of all holes. The course must 9 be planted in grass except that it may provide artificial tee mats. Where any 10 such golf course is owned or leased by an association of members and is used 11 or enjoyed by such members, or their guests, none of the disqualifications 12 contained in section 23-910, Idaho Code, shall apply to such association as a 13 licensee where such disqualifications, or any of them, would apply only to a 14 member of such association where such member has no interest therein except as 15 a member thereof. 16 Also for the purpose of this section a ski resort shall comprise real 17 property of not less than ten (10) acres in size, exclusive of the terrain 18 used for skiing and upon which the owner, operator, or lessee of the ski 19 resort has made available himself, or through others, including, but not lim- 20 ited to, the owners of condominiums, permanent bona fide overnight accommoda- 21 tions available to the general public for one hundred (100) persons or more, 22 and which real property is contiguous to or located within the area in which 23 skiing occurs, and which real property is regularly operated as a ski resort 24 in the winter time, and where the owner, operator, or lessee of the ski resort 25 is also the owner, operator, or lessee of the area served by a bona fide chair 26 ski lift facility or facilities. Alternatively, for the purpose of this sec- 27 tion a ski resort may also be defined as a downhill ski area, open to the pub- 28 lic, comprising real property of not less than two hundred fifty (250) skiable 29 acres, operating two (2) or more chair lifts with a vertical lift of one thou- 30 sand (1,000) feet or more, and capable of transporting a minimum of one thou- 31 sand eight hundred (1,800) skiers per hour. A ski resort qualifying under this 32 definition shall also have on the premises a lodge facility providing shelter 33 and food service to the public, the operator of which shall also be the valid 34 owner or lessee of the grounds and facilities upon which the ski resort offers 35 downhill skiing services to the public. The fees for licenses granted to ski 36 resorts shall be the same as those prescribed for golf courses as set forth in 37 section 23-904, Idaho Code. Not more than one (1) licensed premises shall be 38 permitted on any golf course or any ski resort or within the area comprising 39 the same. 40 Nothing herein contained shall prohibit the issuance of a license to the 41 owner, operator or lessee of an actual, bona fide equestrian facility located 42 on not less than forty (40) contiguous acres, with permanently erected seating 43 of not less than six thousand (6,000) seats, no part of which equestrian 44 facility or the premises thereon is situate within the incorporated limits of 45 any city, and which facility shall have at least three (3) days per year of a 46 professionally sanctioned rodeo. Not more than one (1) licensed premises shall 47 be permitted at any equestrian facility or within an area comprising such a 48 facility. The license shall be solely for the equestrian facility and shall 49 not be transferred to any other location. The fees for licenses granted to 50 equestrian facilities shall be the same as those prescribed for golf courses 51 as set forth in section 23-904, Idaho Code. 52 Nothing herein contained shall prohibit the issuance of a license to the 53 owner, operator, or lessee of a restaurant operated on an airport owned or 54 operated by a county or municipal corporation or on an airport owned or oper- 55 ated jointly by a county and municipal corporation, and which said airport is 3 1 served by a trunk or local service air carrier holding a certificate of public 2 convenience and necessity issued by the Civil Aeronautics Board of the United 3 States of America. Not more than one (1) license shall be issued on any air- 4 port. 5 Nothing herein contained shall prohibit the issuance of one (1) club 6 license to a club as defined in section 23-902, Idaho Code. The holder of a 7 club license is authorized to sell and serve alcoholic beverages for consump- 8 tion only within the licensed establishment owned, leased or occupied by the 9 club, and only to bona fide members of the club, and to serve and to sell 10 alcoholic beverages for consumption to bona fide members' guests. A club 11 license issued pursuant to the provisions of this section is not transferable 12 and may not be sold. Any club license issued pursuant to the provisions of 13 this section will revert to the director when, in his judgment, the licensee 14 ceases to operate as a bona fide club as defined in section 23-902, Idaho 15 Code. No club may hold a liquor license and a club license simultaneously. A 16 club which on July 1, 1983, holds a liquor license, may continue to possess 17 that license. Any club which possesses a liquor license on January 1, 1983, or 18 thereafter, and then sells that liquor license, may not obtain a club license, 19 and the director shall not issue a club license to that club for a period of 20 five (5) years following such sale. The fee for any license issued to a quali- 21 fying club within an incorporated municipality shall be as prescribed in sub- 22 sections (1), (2) and (3) of section 23-904, Idaho Code. The fee for any 23 license issued to a qualifying club not situate within an incorporated munici- 24 pality shall be as specified for golf courses under section 23-904(6), Idaho 25 Code. The provisions of section 23-916, Idaho Code, regarding county and city 26 licenses, shall pertain to club licenses. The burden of producing sufficient 27 documentation of qualifications for club licensure shall be with the club 28 applicant. 29 Nothing in this chapter to the contrary shall prohibit the issuance of a 30 license to the owner, operator, or lessee of an actual, bona fide convention 31 center which is within the incorporated limits of a city having a population 32 of three thousand (3,000) or greater, and which city does not have located 33 therein a convention center with a valid convention center license to sell 34 liquor by the drink. For the purpose of this section, a convention center 35 means a facility having at least thirty-five thousand (35,000) square feet of 36 floor space or a facility having at least one hundred twenty (120) sleeping 37 rooms and an adjoining meeting room which will accommodate not less than three 38 hundred fifty (350) persons, whether or not such room may be partitioned into 39 smaller rooms, and provided that such meeting room shall contain at least 40 three thousand (3,000) square feet of floor space. Such license must be placed 41 in actual use in said convention center within one (1) year from the date of 42 its issuance. The fee for any license issued to a qualifying convention center 43 shall be as prescribed in subsection (3) of section 23-904, Idaho Code. No 44 license issued to a convention center hereunder shall be transferable to 45 another location or facility, nor shall the holder of a convention center 46 license be eligible for the issuance of a license in the same city pursuant to 47 any other provision of this chapter. For purposes of this section, the term 48 holder shall include an owner, operator or lessee and shall include a stock- 49 holder, director, or officer of a corporation, or a partner in a partnership, 50 which corporation or partnership has been issued a convention center license 51 pursuant to this chapter. Not more than one (1) licensed premises shall be 52 permitted on any convention center or within the area comprising the same, 53 including convention centers that also comprise golf courses or ski resorts as 54 herein defined. 55 Nothing in this chapter shall prohibit the issuance of a license to the 4 1 owner, operator or lessee of a food, beverage and/or lodging facility that has 2 been in continuous operation in the same location for at least seventy-five 3 (75) years, except for temporary closings for refurbishing or reconstruction, 4 or a food, beverage and lodging facility serving the public by reservation 5 only, having a minimum of five (5) rooms operating in a structure that has 6 been in existence for at least seventy-five (75) years and has been on the 7 historic register for a minimum of ten (10) years, is situated within five 8 hundred (500) yards of a natural lake containing a minimum of thirty-six thou- 9 sand (36,000) acre feet of water when full with a minimum of thirty-two (32) 10 miles of shoreline, and is located in a county with a minimum population of 11 sixty-five thousand (65,000). The provisions of section 23-910, Idaho Code, 12 shall apply to licenses issued to continuous operation facilities. The fees 13 shall be the same as those prescribed for golf courses as set forth in section 14 23-904, Idaho Code. Licenses issued to continuous operation facilities are not 15 transferable. 16 Nothing in this chapter shall prohibit the issuance of a license to the 17 owner, operator or lessee of the lodging, dining and entertainment facilities 18 owned by a gondola resort complex and operated in conjunction with the other 19 public services provided by a gondola resort complex located within the 20 ownership/leasehold boundaries of a gondola resort complex. 21 A gondola resort complex means an actual, bona fide gondola capable of 22 transporting people for recreational and/or entertainment purposes at least 23 three (3) miles in length with a vertical rise of three thousand (3,000) feet, 24 portions of which may be located within or over the limits of one (1) or more 25 cities. 26 Nothing in this chapter shall prohibit the issuance of a license to the 27 owner, operator or lessee of a winery also operating a golf course on the 28 premises. 29 Subject to approval of the mayor and city council, nothing in this chap- 30 ter shall prohibit the issuance of a license to the owner, operator or lessee 31 of a food, conference and lodging facility constructed after July 1, 2004, 32 containing a minimum of sixty thousand (60,000) square feet and sixty (60) 33 guest rooms with a minimum taxable value of fifteen million dollars 34 ($15,000,000) in a city with a population of less than five thousand (5,000) 35 according to the most recent census. 36 The provisions of section 23-910, Idaho Code, shall apply to licenses 37 issued under the provisions of this section. The fees shall be the same as 38 those prescribed for golf courses as set forth in section 23-904, Idaho Code. 39 Licenses issued under the provisions of this section are not transferable.
STATEMENT OF PURPOSE
RS 18005
Currently, Idaho Code excludes ski resort liquor licenses from
extending into the parts of the resort that are located within city
limits. This measure would amend Idaho Code 23-903, to permit the
liquor licenses of ski resorts to be applied similar to the
existing liquor licenses of golf course resorts, permitting a
liquor license of a ski resort, "whether located within or without
the limits of any city." This legislation would extend ski resort
liquor licenses throughout the entire resort and assist the resort
to provide the hospitality to visitors and tourists that is
anticipated.
FISCAL NOTE
No impact to the General Fund.
Contact
Name: Senator Clint Stennett
Representative Wendy Jaquet
Phone: 208-332-1351
STATEMENT OF PURPOSE/FISCAL NOTE S 1455