TITLE 23

ALCOHOLIC BEVERAGES

CHAPTER 10

BEER

23-1010.  License to sell beer at retail — Application procedure and form — Showing of eligibility for license and disqualifications. (1) Every person who shall apply for a state license to sell beer at retail shall tender the license fee to, and file written application for license with, the director. The application shall be on a form prescribed by the director that shall require such information concerning the applicant, the premises for which license is sought and the business to be conducted thereon by the applicant as the director may deem necessary or advisable, and which shall enable the director to determine that the applicant is eligible and has none of the disqualifications for license, as provided for in this section. If the applicant is applying for a license solely for a theater that is presenting live performances as those terms are defined in section 23-1001, Idaho Code, or a movie theater, as defined in section 23-944, Idaho Code, built prior to January 1, 1950, and listed on the national register of historic places, the application shall so state. Such information shall include the following:

(a)  The name and place of residence of the applicant and length of his residence within the state of Idaho and, if the applicant is a partnership, the names, places of residence and lengths of residence within the state of Idaho of each partner and, if the applicant is a corporation or association, the date and place of incorporation or organization, the location of its principal place of business in Idaho and the names and places of residence of its officers, directors or members of its governing board and of the person who manages or will manage the business of selling beer at retail;

(b)  The particular place for which the license is desired, designating the same by a street and number, if practicable, or by such other apt description as definitely locates such place, and the name of the owner of the premises for which license is sought;

(2)  The application shall affirmatively show:

(a)  That the applicant is the bona fide owner of the business that will be engaged in the sale of beer at retail and with respect to which license is sought;

(b)  That the condition of the place or building wherein it is proposed to sell beer at retail conforms to all laws and rules of the state of Idaho and to the ordinances of the county and municipality applicable thereto relating to public health and safety and to the zoning ordinances of the municipality applicable thereto;

(c)  That there is no stamp or permit outstanding and in force that has been issued to any person by the United States government for the premises for which license to sell beer at retail is sought, which stamp or permit denotes payment of any special tax imposed by the United States government on a retail dealer in liquor or wines, unless said premises are premises for which a retail license for sale of liquor by the drink, issued under the provisions of chapter 9, title 23, Idaho Code, is in force and effect;

(d)  That the individual applicant, or each partner of a partnership applicant, or a corporation applicant or an association applicant is qualified to do business within the state of Idaho;

(e)  That the applicant, if an individual, is not less than nineteen (19) years of age;

(f)  That, within three (3) years immediately preceding the date of filing the application, the applicant has not been convicted of the violation of any law of the state of Idaho, any other state, or of the United States regulating, governing or prohibiting the sale, manufacture, transportation or possession of alcoholic beverages or intoxicating liquors, or, within said time, suffered the forfeiture of a bond for failure to appear in answer to charges of any such violation;

(g)  That, within five (5) years immediately preceding the date of filing the application, the applicant has not been convicted of any felony or paid any fine or completed any sentence of confinement therefor within said time;

(h)  That, within three (3) years next preceding the date of filing said application, the applicant has not had any license provided for herein, or any license or permit issued to the applicant pursuant to the law of this state, or any other state, or of the United States to sell, manufacture, transport or possess alcoholic beverages or intoxicating liquors, revoked.

(3)  To determine qualification for a license, the director shall also cause an investigation that shall include a fingerprint-based criminal history check of the Idaho central criminal history database and the federal bureau of investigation criminal history database. Each person listed as an applicant on an initial application shall submit a full set of fingerprints and the fee to cover the cost of the criminal history background check for such person with the application.

(4)  The affirmative showing required with respect to an applicant under paragraphs (e), (f), (g) and (h) of subsection (2) of this section shall also be required to be made with respect to each partner of a partnership applicant and to each incumbent officer, director or member of the governing board of a corporation or association applicant.

(5)  The application must be subscribed and sworn to by the individual applicant, or by a partner of a partnership applicant, or by an officer or manager of a corporation or association applicant, before a notary public or other person authorized by law to administer oaths.

(6)  If an applicant shall be unable to make any affirmative showing required in this section or if an application shall contain a false material statement, knowingly made, the same shall constitute a disqualification for license and license shall be refused. If license is received on any application containing a false material statement, knowingly made, such license shall be revoked. If at any time during the period for which license is issued, a licensee becomes unable to make the affirmative showings required by this section, license shall be revoked, or, if disqualification can be removed, the license shall be suspended until the same shall be removed. The procedure to be followed upon refusal, revocation or suspension of license as herein provided for shall be in accordance with the procedure set forth in this act.

(7)  All licenses shall expire at 1:00 a.m. on the first day of the renewal month, which shall be determined by the director by administrative rule and shall be subject to annual renewal upon proper application. The director will determine the renewal month by county based on the number of current licenses within each county, distributing renewals throughout the licensing year. The director may adjust the renewal month to accommodate population increases. Each licensee will be issued a temporary license to operate until the renewal month has been determined. Thereafter, renewals will occur annually on their renewal month. Renewal applications for licenses accompanied by the required fee must be filed with the director on or before the first day of the designated renewal month. Any licensee holding a valid license who fails to file an application for renewal of the current license on or before the first day of the designated renewal month shall have a grace period of an additional thirty-one (31) days in which to file an application for renewal of the license. The licensee shall not be permitted to sell beer at retail during the thirty-one (31) day extended time period unless and until the license is renewed.

History:

[I.C., sec. 23-1010, as added by 1961, ch. 299, sec. 2, p. 543; am. 1972, ch. 332, sec. 4, p. 834; am. 1974, ch. 27, sec. 45, p. 811; am. 1976, ch. 156, sec. 1, p. 555; am. 1978, ch. 304, sec. 1, p. 762; am. 1981, ch. 52, sec. 1, p. 78; am. 1983, ch. 159, sec. 1, p. 458; am. 1992, ch. 315, sec. 3, p. 939; am. 1994, ch. 14, sec. 6, p. 25; am. 2001, ch. 30, sec. 2, p. 45; am. 2001, ch. 284, sec. 3, p. 1017; am. 2003, ch. 111, sec. 4, p. 352; am. 2019, ch. 87, sec. 2, p. 213.]