2008 Legislation
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HOUSE BILL NO. 348<br /> – Liquor store sales, election day

HOUSE BILL NO. 348

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Bill Status



H0348aa....................................................by STATE AFFAIRS
LIQUOR STORE SALES - ELECTION DAY - Amends existing law to eliminate the
prohibition on the sale of alcoholic liquor on election day.

01/16    House intro - 1st rdg - to printing
01/17    Rpt prt - to St Aff
01/31    Rpt out - to Gen Ord
02/11    Rpt out amen - to engros
02/12    Rpt engros - 1st rdg - to 2nd rdg as amen
02/13    2nd rdg - to 3rd rdg as amen
02/18    3rd rdg as amen - PASSED - 44-25-1
      AYES -- Anderson, Bayer, Bedke, Bilbao, Black, Bock, Boe, Bolz,
      Brackett, Chadderdon, Chew, Clark, Durst, Eskridge, Hagedorn,
      Henbest(Burgoyne), Henderson, Jaquet, Killen, King, LeFavour, Luker,
      Moyle, Nonini, Pasley-Stuart, Patrick, Pence, Ringo(Cooke), Roberts,
      Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
      Shively, Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude,
      Wills, Wood(27)
      NAYS -- Andrus, Barrett, Bell, Block, Bowers, Bradford, Chavez,
      Collins, Crane, Hart, Harwood, Kren, Labrador, Lake, Loertscher,
      Marriott, Mathews, McGeachin, Mortimer, Nielsen, Raybould, Shirley,
      Thomas, Wood(35), Mr. Speaker
      Absent and excused -- Smith(30)
    Floor Sponsor - Snodgrass
    Title apvd - to Senate
02/19    Senate intro - 1st rdg - to St Aff
03/11    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/17    3rd rdg - FAILED - 16-16-3
      AYES -- Broadsword, Burkett, Coiner, Goedde, Hammond, Jorgenson,
      Kelly, Keough, Langhorst, Little, Lodge, McGee, McKague, McKenzie,
      Stegner, Werk
      NAYS -- Andreason, Bair, Bastian, Bilyeu, Cameron, Corder,
      Darrington, Davis, Fulcher, Geddes, Heinrich, Hill,
      Malepeai(Sagness), Pearce, Richardson, Siddoway
      Absent and excused -- Gannon, Schroeder, Stennett
    Floor Sponsor - Jorgenson
    Held for reconsideration
    Motion to reconsider PASSED
    Reconsidered - PASSED - 18-16-1
      AYES -- Broadsword, Burkett, Coiner, Goedde, Hammond, Jorgenson,
      Kelly, Keough, Langhorst, Little, Lodge, McGee, McKague, McKenzie,
      Schroeder, Stegner, Stennett, Werk
      NAYS -- Andreason, Bair, Bastian, Bilyeu, Cameron, Corder,
      Darrington, Davis, Fulcher, Geddes, Heinrich, Hill,
      Malepeai(Sagness), Pearce, Richardson, Siddoway
      Absent and excused -- Gannon
    Floor Sponsor - Jorgenson
    Title apvd - to House
03/18    To enrol - Rpt enrol - Sp signed
03/19    Pres signed
03/20    To Governor
03/25    Governor signed
         Session Law Chapter 248
         Effective: 07/01/08

Bill Text




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

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 348

                                 BY STATE AFFAIRS COMMITTEE

  1                                        AN ACT
  2    RELATING TO THE STATE LIQUOR DISPENSARY; AMENDING SECTION 23-307, IDAHO  CODE,
  3        TO  ELIMINATE  THE PROHIBITION ON THE SALE OF ALCOHOLIC LIQUOR ON ELECTION
  4        DAYS AT STATE LIQUOR STORES AND DISTRIBUTING STATIONS.

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

  6        SECTION 1.  That Section 23-307, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:

  8        23-307.  DAYS  WHEN SALES ARE PROHIBITED. It shall be unlawful to transact
  9    the sale or delivery of any alcoholic liquor in, on, or from the  premises  of
 10    any state liquor store or distributing station:
 11        (a)  After the closing hours as established by the dispensary.
 12        (b)  On any Thanksgiving, Christmas or Memorial Day.
 13        (c)  On  any  Sunday, except as provided by county option pursuant to sec-
 14        tion 23-308, Idaho Code.
 15        (d)  On any national or state election day.
 16        (e)  On any municipal election day held in the  municipality  in  which  a
 17        store  or  distributing  station may be situated during the time the polls
 18        are open.
 19        (f)  During such other periods or days as may be designated by the dispen-
 20        sary.

Amendment




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

                                                                       

                                                 Moved by    Snodgrass

                                                 Seconded by    Rusche



                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 348

  1                                AMENDMENT TO THE BILL
  2        On page 1 of the printed bill, following line 20, insert:

  3        "SECTION 2.  That Section 23-927, Idaho Code, be, and the same  is  hereby
  4    amended to read as follows:

  5        23-927.  HOURS OF SALE OF LIQUOR. (1) No liquor shall be sold, offered for
  6    sale,  or  given away upon any licensed premises, and all liquor not in sealed
  7    bottles must be locked in a separate room  or  cabinet  during  the  following
  8    hours:
  9        a.  Sunday,  Memorial Day, Thanksgiving and Christmas from 1 o'clock A.M.,
 10        to 10 o'clock A.M. the following day; provided however, that on any Sunday
 11        not otherwise being a prescribed holiday, it shall be lawful for a  licen-
 12        see  having  banquet  area  or meeting room facilities, separate and apart
 13        from the usual dispensing area (bar room) and separate and  apart  from  a
 14        normal public dining room unless such dining room is closed to the public,
 15        to  therein  dispense  liquor  between  the hours of 2 o'clock P.M. and 11
 16        o'clock P.M. to bona fide participants of banquets, receptions or  conven-
 17        tions  for  consumption  only  within the confines of such banquet area or
 18        meeting room facility.
 19        b.  On any other day between 1 o'clock A.M. and 10 o'clock A.M.
 20        c.  On any day of a general or primary election until after the time  when
 21        the  polls  are closed. There is no prohibition against the sale of liquor
 22        by the drink during city elections unless the city has  enacted  an  ordi-
 23        nance prohibiting such sales.
 24        d.  When  any  city or county has any ordinance further limiting the hours
 25        of sale of liquor, by the drink, then such hours shall be  fixed  by  such
 26        ordinance.
 27        (2)  A county or city may, however, by ordinance, allow the sale of liquor
 28    by  the  drink on a Sunday, Memorial Day and Thanksgiving, and may also extend
 29    until 2 o'clock A.M. the hours of the sale of liquor by the drink.
 30        (3)  Any patron present on the licensed premises after the sale of  liquor
 31    has  stopped as provided in subsection (1) and subsection (2) above shall have
 32    a reasonable time, not to exceed thirty (30) minutes, to consume any beverages
 33    already served.
 34        (4)  Any person who consumes or intentionally permits the  consumption  of
 35    any  alcoholic  beverage upon licensed premises after the time provided for in
 36    subsection (3) shall be guilty of a misdemeanor.
 37        (5)  It shall be the duty of every person who is employed  at  or  upon  a
 38    licensed  premises  or  who owns or manages a licensed premises and is present
 39    upon the licensed premises during the hours and at the time set forth in  sub-
 40    section  (1)  and subsection (2) of this section to lock up and keep locked up
 41    in a locked room or locked cabinet all unsealed containers  of  liquor  during
 42    the  hours  and at the times set forth in subsection (1) and subsection (2) of

                                       2

  1    this section, and any such person who  fails  to  perform  the  duty  provided
  2    herein shall be guilty of a misdemeanor.".

  3                                 CORRECTIONS TO TITLE
  4        On page 1, in line 2, following "DISPENSARY" insert: "AND HOURS OF SALE OF
  5    LIQUOR";  and  in line 4, following "STATIONS" insert: "; AND AMENDING SECTION
  6    23-927, IDAHO CODE, TO ELIMINATE THE PROHIBITION ON THE SALE OF LIQUOR BY  THE
  7    DRINK ON ELECTION DAYS WHEN THE POLLS ARE OPEN".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)




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

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                               HOUSE BILL NO. 348, As Amended

                                 BY STATE AFFAIRS COMMITTEE

  1                                        AN ACT
  2    RELATING TO THE STATE LIQUOR DISPENSARY AND HOURS OF SALE OF LIQUOR;  AMENDING
  3        SECTION  23-307,  IDAHO  CODE, TO ELIMINATE THE PROHIBITION ON THE SALE OF
  4        ALCOHOLIC LIQUOR ON ELECTION DAYS AT STATE LIQUOR STORES AND  DISTRIBUTING
  5        STATIONS; AND AMENDING SECTION 23-927, IDAHO CODE, TO ELIMINATE THE PROHI-
  6        BITION  ON THE SALE OF LIQUOR BY THE DRINK ON ELECTION DAYS WHEN THE POLLS
  7        ARE OPEN.

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

  9        SECTION 1.  That Section 23-307, Idaho Code, be, and the  same  is  hereby
 10    amended to read as follows:

 11        23-307.  DAYS  WHEN SALES ARE PROHIBITED. It shall be unlawful to transact
 12    the sale or delivery of any alcoholic liquor in, on, or from the  premises  of
 13    any state liquor store or distributing station:
 14        (a)  After the closing hours as established by the dispensary.
 15        (b)  On any Thanksgiving, Christmas or Memorial Day.
 16        (c)  On  any  Sunday, except as provided by county option pursuant to sec-
 17        tion 23-308, Idaho Code.
 18        (d)  On any national or state election day.
 19        (e)  On any municipal election day held in the  municipality  in  which  a
 20        store  or  distributing  station may be situated during the time the polls
 21        are open.
 22        (f)  During such other periods or days as may be designated by the dispen-
 23        sary.

 24        SECTION 2.  That Section 23-927, Idaho Code, be, and the  same  is  hereby
 25    amended to read as follows:

 26        23-927.  HOURS OF SALE OF LIQUOR. (1) No liquor shall be sold, offered for
 27    sale,  or  given away upon any licensed premises, and all liquor not in sealed
 28    bottles must be locked in a separate room  or  cabinet  during  the  following
 29    hours:
 30        a.  Sunday,  Memorial Day, Thanksgiving and Christmas from 1 o'clock A.M.,
 31        to 10 o'clock A.M. the following day; provided however, that on any Sunday
 32        not otherwise being a prescribed holiday, it shall be lawful for a  licen-
 33        see  having  banquet  area  or meeting room facilities, separate and apart
 34        from the usual dispensing area (bar room) and separate and  apart  from  a
 35        normal public dining room unless such dining room is closed to the public,
 36        to  therein  dispense  liquor  between  the hours of 2 o'clock P.M. and 11
 37        o'clock P.M. to bona fide participants of banquets, receptions or  conven-
 38        tions  for  consumption  only  within the confines of such banquet area or
 39        meeting room facility.
 40        b.  On any other day between 1 o'clock A.M. and 10 o'clock A.M.
 41        c.  On any day of a general or primary election until after the time  when

                                       2

  1        the  polls  are closed. There is no prohibition against the sale of liquor
  2        by the drink during city elections unless the city has  enacted  an  ordi-
  3        nance prohibiting such sales.
  4        d.  When  any  city or county has any ordinance further limiting the hours
  5        of sale of liquor, by the drink, then such hours shall be  fixed  by  such
  6        ordinance.
  7        (2)  A county or city may, however, by ordinance, allow the sale of liquor
  8    by  the  drink on a Sunday, Memorial Day and Thanksgiving, and may also extend
  9    until 2 o'clock A.M. the hours of the sale of liquor by the drink.
 10        (3)  Any patron present on the licensed premises after the sale of  liquor
 11    has  stopped as provided in subsection (1) and subsection (2) above shall have
 12    a reasonable time, not to exceed thirty (30) minutes, to consume any beverages
 13    already served.
 14        (4)  Any person who consumes or intentionally permits the  consumption  of
 15    any  alcoholic  beverage upon licensed premises after the time provided for in
 16    subsection (3) shall be guilty of a misdemeanor.
 17        (5)  It shall be the duty of every person who is employed  at  or  upon  a
 18    licensed  premises  or  who owns or manages a licensed premises and is present
 19    upon the licensed premises during the hours and at the time set forth in  sub-
 20    section  (1)  and subsection (2) of this section to lock up and keep locked up
 21    in a locked room or locked cabinet all unsealed containers  of  liquor  during
 22    the  hours  and at the times set forth in subsection (1) and subsection (2) of
 23    this section, and any such person who  fails  to  perform  the  duty  provided
 24    herein shall be guilty of a misdemeanor.

Statement of Purpose / Fiscal Impact


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                       STATEMENT OF PURPOSE

                             RS 17356

The proposed legislation ends an archaic ban on election day
packaged alcoholic liquor sales from state liquor stores and
contract liquor stores. The legislation also provides for liquor-
by-the-drink to be sold prior to the polls closing on days of
elections. Wine and beer can already be purchased in restaurants,
convenience stores, and supermarkets on election days. Eliminating
these prohibitions on election day liquor sales is a step towards
modernizing the spirits market in counties, and cities. Idaho is
one (1) of only nine (9) states that still place election day
restrictions on packaged liquor store operating hours. The outdated
concern of influencing voting (voting used to take place in
drinking establishments) is no longer a valid concern. 


                          FISCAL NOTE

The fiscal impact of opening all state liquor stores and contract
stores statewide on election days is an increase of approximately
three hundred fifty thousand dollars ($350,000) and an increase in
net profits of one hundred twenty-two thousand dollars ($122,000)
per election day. The numbers are nearly identical for primary
election day or general election day. 




Contact
Name: Dyke Nally, Liquor Dispensary 
Phone: (208)947-9402


STATEMENT OF PURPOSE/FISCAL NOTE                         H 348   

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