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S1415aa....................................................by STATE AFFAIRS
WINERIES - Amends existing law relating to county option kitchen and table
wine act to revise the definition of "winery."
02/08 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to St Aff
02/19 Rpt out - to 14th Ord
02/21 Rpt out amen - to engros
02/22 Rpt engros - 1st rdg - to 2nd rdg as amen
02/25 2nd rdg - to 3rd rdg as amen
02/26 3rd rdg as amen - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Jorgenson, Schroeder
Floor Sponsor - Lodge
Title apvd - to House
02/27 House intro - 1st rdg - to St Aff
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
Raybould, Ringo, Roberts, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27), Mr.
Speaker
NAYS -- None
Absent and excused -- Crane, Ruchti, Wood(35)
Floor Sponsor - Bolz
Title apvd - to Senate
03/13 To enrol - Rpt enrol - Pres signed
03/14 Sp signed
03/17 To Governor
03/18 Governor signed
Session Law Chapter 181
Effective: 03/18/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1415 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO COUNTY OPTION KITCHEN AND TABLE WINE ACT; AMENDING SECTION 3 23-1303, IDAHO CODE, TO ALPHABETIZE TERMS AND TO REVISE DEFINITIONS; AND 4 DECLARING AN EMERGENCY. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 23-1303, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 23-1303. DEFINITIONS. (1) The following terms as used in this chapter are 9 hereby defined as follows: 10 (a)"Table wine" shall mean any alcoholic beverage containing not more11than sixteen percent (16%) alcohol by volume obtained by the fermentation12of the natural sugar content of fruits or other agricultural products con-13taining sugar whether or not other ingredients are added"Dessert wine" 14 means only those beverages that are designated or labeled, pursuant to the 15 federal alcohol administration act, as "sherry," "madeira" or "port," 16 which contain more than sixteen percent (16%) alcohol by volume, but do 17 not exceed twenty-one percent (21%) alcohol by volume. Dessert wine as 18 defined herein shall not be deemed to be a spirit based beverage for the 19 purposes of paragraph (g) of this subsection. 20 (b) "Director" means the director of the Idaho state police. 21(c) "Dessert wine" means only those beverages that are designated or22labeled, pursuant to the federal alcohol administration act, as "sherry,"23"madeira" or "port," which contain more than sixteen percent (16%) alcohol by24volume, but do not exceed twenty-one percent (21%) alcohol by volume. Dessert25wine as defined herein shall not be deemed to be a spirit based beverage for26the purposes of subsection (p) of this section.27(d) "Retail wine license" means a license issued by the director, autho-28rizing a person to sell table wine and/or dessert wine at retail for consump-29tion off the licensed premises.30(e) "Wine distributor's license" means a license issued by the director31to a person authorizing such person to distribute table wine or dessert wine32to retailers within the state of Idaho.33(f) "Wine importer's license" means a license issued by the director to a34person authorizing such person to import table wine or dessert wine into the35state of Idaho and to sell and distribute such wines to a distributor.36(g) "Retailer" means a person to whom a retail wine license has been37issued.38(h) "Distributor" means a person to whom a wine distributor's license has39been issued.40(i) "Importer" means a person to whom a wine importer's license has been41issued.42 (c) "Distributor" means a person to whom a wine distributor's license has 43 been issued. 2 1 (d) "Domestic produced product" means wine at least seventy-five percent 2 (75%) of which by volume is derived from fruit or agricultural products 3 grown in Idaho. 4 (e) "Importer" means a person to whom a wine importer's license has been 5 issued. 6 (f) "Live performance" means a performance occurring in a theater and not 7 otherwise in violation of any provision of Idaho law. 8 (g) "Low proof spirit beverages" means any alcoholic beverage containing 9 not more than fourteen percent (14%) alcohol by volume obtained by distil- 10 lation mixed with drinkable water, fruit juices and/or other ingredients 11 in solution. These products shall be considered and taxed as wine. Spirit 12 based beverages exceeding fourteen percent (14%) alcohol by volume shall 13 be considered as liquor and sold only through the state liquor dispensary 14 system. 15 (h) "Person" includes an individual, firm, copartnership, association, 16 corporation, or any group or combination acting as a unit, and includes 17 the plural as well as the singular unless the intent to give a more lim- 18 ited meaning is disclosed by the context in which it is used. 19 (i) "Retailer" means a person to whom a retail wine license has been 20 issued. 21 (j) "Retail wine license" means a license issued by the director, autho- 22 rizing a person to sell table wine and/or dessert wine at retail for con- 23 sumption off the licensed premises. 24 (k) "Table wine" shall mean any alcoholic beverage containing not more 25 than sixteen percent (16%) alcohol by volume obtained by the fermentation 26 of the natural sugar content of fruits or other agricultural products con- 27 taining sugar whether or not other ingredients are added. 28 (l) "Theater" means a room, place or outside structure for performances 29 or readings of dramatic literature, plays or dramatic representations of 30 an art form not in violation of any provision of Idaho law. 31 (m) "Vintner" means a person who manufactures, bottles, or sells table 32 wine or dessert wine to importers for resale within this state other than 33 a licensed "winery" as herein defined. 34 (n) "Wine" includes table wine and dessert wine, unless the context 35 requires otherwise. 36 (o) "Wine by the drink license" means a license to sell table wine or 37 dessert wine by the individual glass or opened bottle at retail, for con- 38 sumption on the premises only. 39 (p) "Wine distributor's license" means a license issued by the director 40 to a person authorizing such person to distribute table wine or dessert 41 wine to retailers within the state of Idaho. 42 (q) "Wine importer's license" means a license issued by the director to a 43 person authorizing such person to import table wine or dessert wine into 44 the state of Idaho and to sell and distribute such wines to a distributor. 45 (jr) "Winery" means a place, premises or establishment within the state 46 of Idaho for the manufacture or bottling of table wine or dessert wine for 47 sale. Two (2) or more wineries may use the same premises and the same 48 equipment to manufacture their respective wines. 49(k) "Winery license" means a license issued by the director authorizing a50person to maintain a winery.51(l) "Vintner" means a person who manufactures, bottles, or sells table52wine or dessert wine to importers for resale within this state other than a53licensed "winery" as herein defined.54(m) "Person" includes an individual, firm, copartnership, association,55corporation, or any group or combination acting as a unit, and includes the3 1plural as well as the singular unless the intent to give a more limited mean-2ing is disclosed by the context in which it is used.3(n) "Wine by the drink license" means a license to sell table wine or4dessert wine by the individual glass or opened bottle at retail, for consump-5tion on the premises only.6(o) "Domestic produced product" means wine at least seventy-five percent7(75%) of which by volume is derived from fruit or agricultural products grown8in Idaho.9(p) "Low proof spirit beverages" means any alcoholic beverage containing10not more than fourteen percent (14%) alcohol by volume obtained by distilla-11tion mixed with drinkable water, fruit juices and/or other ingredients in12solution. These products shall be considered and taxed as wine. Spirit based13beverages exceeding fourteen percent (14%) alcohol by volume shall be consid-14ered as liquor and sold only through the state liquor dispensary system.15(q) "Wine" includes table wine and dessert wine, unless the context16requires otherwise.17(r) "Theater" means a room, place or outside structure for performances18or readings of dramatic literature, plays or dramatic representations of an19art form not in violation of any provision of Idaho law.20(s) "Live performance" means a performance occurring in a theater and not21otherwise in violation of any provision of Idaho law.22 (s) "Winery license" means a license issued by the director authorizing a 23 person to maintain a winery. 24 (t2) All other words and phrases used in this chapter, the definitions of 25 which are not herein given, shall be given their ordinary and commonly under- 26 stood and accepted meanings. 27 SECTION 2. An emergency existing therefor, which emergency is hereby 28 declared to exist, this act shall be in full force and effect on and after its 29 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Lodge Seconded by McGee IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1415 1 AMENDMENT TO SECTION 1 2 On page 2 of the printed bill, in line 48, following "wines" insert: ", to 3 the extent permitted by federal law".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1415, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO COUNTY OPTION KITCHEN AND TABLE WINE ACT; AMENDING SECTION 3 23-1303, IDAHO CODE, TO ALPHABETIZE TERMS AND TO REVISE DEFINITIONS; AND 4 DECLARING AN EMERGENCY. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 23-1303, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 23-1303. DEFINITIONS. (1) The following terms as used in this chapter are 9 hereby defined as follows: 10 (a)"Table wine" shall mean any alcoholic beverage containing not more11than sixteen percent (16%) alcohol by volume obtained by the fermentation12of the natural sugar content of fruits or other agricultural products con-13taining sugar whether or not other ingredients are added"Dessert wine" 14 means only those beverages that are designated or labeled, pursuant to the 15 federal alcohol administration act, as "sherry," "madeira" or "port," 16 which contain more than sixteen percent (16%) alcohol by volume, but do 17 not exceed twenty-one percent (21%) alcohol by volume. Dessert wine as 18 defined herein shall not be deemed to be a spirit based beverage for the 19 purposes of paragraph (g) of this subsection. 20 (b) "Director" means the director of the Idaho state police. 21(c) "Dessert wine" means only those beverages that are designated or22labeled, pursuant to the federal alcohol administration act, as "sherry,"23"madeira" or "port," which contain more than sixteen percent (16%) alcohol by24volume, but do not exceed twenty-one percent (21%) alcohol by volume. Dessert25wine as defined herein shall not be deemed to be a spirit based beverage for26the purposes of subsection (p) of this section.27(d) "Retail wine license" means a license issued by the director, autho-28rizing a person to sell table wine and/or dessert wine at retail for consump-29tion off the licensed premises.30(e) "Wine distributor's license" means a license issued by the director31to a person authorizing such person to distribute table wine or dessert wine32to retailers within the state of Idaho.33(f) "Wine importer's license" means a license issued by the director to a34person authorizing such person to import table wine or dessert wine into the35state of Idaho and to sell and distribute such wines to a distributor.36(g) "Retailer" means a person to whom a retail wine license has been37issued.38(h) "Distributor" means a person to whom a wine distributor's license has39been issued.40(i) "Importer" means a person to whom a wine importer's license has been41issued.42 (c) "Distributor" means a person to whom a wine distributor's license has 43 been issued. 2 1 (d) "Domestic produced product" means wine at least seventy-five percent 2 (75%) of which by volume is derived from fruit or agricultural products 3 grown in Idaho. 4 (e) "Importer" means a person to whom a wine importer's license has been 5 issued. 6 (f) "Live performance" means a performance occurring in a theater and not 7 otherwise in violation of any provision of Idaho law. 8 (g) "Low proof spirit beverages" means any alcoholic beverage containing 9 not more than fourteen percent (14%) alcohol by volume obtained by distil- 10 lation mixed with drinkable water, fruit juices and/or other ingredients 11 in solution. These products shall be considered and taxed as wine. Spirit 12 based beverages exceeding fourteen percent (14%) alcohol by volume shall 13 be considered as liquor and sold only through the state liquor dispensary 14 system. 15 (h) "Person" includes an individual, firm, copartnership, association, 16 corporation, or any group or combination acting as a unit, and includes 17 the plural as well as the singular unless the intent to give a more lim- 18 ited meaning is disclosed by the context in which it is used. 19 (i) "Retailer" means a person to whom a retail wine license has been 20 issued. 21 (j) "Retail wine license" means a license issued by the director, autho- 22 rizing a person to sell table wine and/or dessert wine at retail for con- 23 sumption off the licensed premises. 24 (k) "Table wine" shall mean any alcoholic beverage containing not more 25 than sixteen percent (16%) alcohol by volume obtained by the fermentation 26 of the natural sugar content of fruits or other agricultural products con- 27 taining sugar whether or not other ingredients are added. 28 (l) "Theater" means a room, place or outside structure for performances 29 or readings of dramatic literature, plays or dramatic representations of 30 an art form not in violation of any provision of Idaho law. 31 (m) "Vintner" means a person who manufactures, bottles, or sells table 32 wine or dessert wine to importers for resale within this state other than 33 a licensed "winery" as herein defined. 34 (n) "Wine" includes table wine and dessert wine, unless the context 35 requires otherwise. 36 (o) "Wine by the drink license" means a license to sell table wine or 37 dessert wine by the individual glass or opened bottle at retail, for con- 38 sumption on the premises only. 39 (p) "Wine distributor's license" means a license issued by the director 40 to a person authorizing such person to distribute table wine or dessert 41 wine to retailers within the state of Idaho. 42 (q) "Wine importer's license" means a license issued by the director to a 43 person authorizing such person to import table wine or dessert wine into 44 the state of Idaho and to sell and distribute such wines to a distributor. 45 (jr) "Winery" means a place, premises or establishment within the state 46 of Idaho for the manufacture or bottling of table wine or dessert wine for 47 sale. Two (2) or more wineries may use the same premises and the same 48 equipment to manufacture their respective wines, to the extent permitted 49 by federal law. 50(k) "Winery license" means a license issued by the director authorizing a51person to maintain a winery.52(l) "Vintner" means a person who manufactures, bottles, or sells table53wine or dessert wine to importers for resale within this state other than a54licensed "winery" as herein defined.55(m) "Person" includes an individual, firm, copartnership, association,3 1corporation, or any group or combination acting as a unit, and includes the2plural as well as the singular unless the intent to give a more limited mean-3ing is disclosed by the context in which it is used.4(n) "Wine by the drink license" means a license to sell table wine or5dessert wine by the individual glass or opened bottle at retail, for consump-6tion on the premises only.7(o) "Domestic produced product" means wine at least seventy-five percent8(75%) of which by volume is derived from fruit or agricultural products grown9in Idaho.10(p) "Low proof spirit beverages" means any alcoholic beverage containing11not more than fourteen percent (14%) alcohol by volume obtained by distilla-12tion mixed with drinkable water, fruit juices and/or other ingredients in13solution. These products shall be considered and taxed as wine. Spirit based14beverages exceeding fourteen percent (14%) alcohol by volume shall be consid-15ered as liquor and sold only through the state liquor dispensary system.16(q) "Wine" includes table wine and dessert wine, unless the context17requires otherwise.18(r) "Theater" means a room, place or outside structure for performances19or readings of dramatic literature, plays or dramatic representations of an20art form not in violation of any provision of Idaho law.21(s) "Live performance" means a performance occurring in a theater and not22otherwise in violation of any provision of Idaho law.23 (s) "Winery license" means a license issued by the director authorizing a 24 person to maintain a winery. 25 (t2) All other words and phrases used in this chapter, the definitions of 26 which are not herein given, shall be given their ordinary and commonly under- 27 stood and accepted meanings. 28 SECTION 2. An emergency existing therefor, which emergency is hereby 29 declared to exist, this act shall be in full force and effect on and after its 30 passage and approval.
STATEMENT OF PURPOSE
RS 17777
The purpose of this legislation is to alphabetize the definitions
in 23-1303 and to allow two or more wineries to join together to
purchase and share the same premises and the same equipment so that
they may share capital investment.
FISCAL NOTE
There is no fiscal impact to the General fund. There should be
positive impact through economic development and tourism.
Contact
Name: Roger Batt
Phone: 208-888-0988
Senator Patti Anne Lodge Rep. Darrel Bolz
Senator Curt McKenzie Rep. Steve Kren
Senator Brad Little Rep. Robert Schaefer
Senator John McGee Rep. Carlos Bilbao
Senator Tom Gannon Rep. Jim Patrick
STATEMENT OF PURPOSE/FISCAL NOTE S 1415