TITLE 23

ALCOHOLIC BEVERAGES

CHAPTER 10

BEER

23-1027.  Certificate of approval required of manufacturer. It shall be unlawful for any person licensed under the provisions of this act, to purchase, import, transport or cause to be transported into or within the state of Idaho any beer for resale therein, unless prior thereto a certificate of approval shall have been issued by the director to the manufacturer of such beer. The certificate of approval herein required shall be issued to a manufacturer of beer upon application therefor provided the manufacturer shall have first agreed in writing with the director as follows:

(a)  to furnish to the director, on or before the 15th day of each month, a written report under oath on a form to be prescribed by the director showing the quantity of beer sold, delivered or shipped to each wholesaler or dealer of beer licensed in this state for resale in this state; and

(b)  that such manufacturer and every person employed by it or acting as its agents (other than wholesalers and dealers licensed in this state) will faithfully comply with and observe all the provisions of the laws of the state of Idaho relating to beer and all rules and regulations adopted by the director pursuant to such laws.

If, after obtaining such certificate, any such manufacturer shall fail to submit such report, or, if it, or any such person employed by it or acting as its agent, shall violate the terms of such agreement, the director may determine to revoke or suspend such certificate by reason thereof. The procedure for giving notice of such determination and for proceedings to contest determination as provided for in sections 23-1037 through 23-1045, Idaho Code, shall govern insofar as they may be applicable. The district court of Ada County shall have jurisdiction of any such proceedings to contest the director’s determination.

History:

[I.C., sec. 23-1027, as added by 1961, ch. 299, sec. 5, p. 543; am. 1974, ch. 27, sec. 48, p. 811.]