TITLE 23

ALCOHOLIC BEVERAGES

CHAPTER 13

COUNTY OPTION KITCHEN AND TABLE WINE ACT

23-1303.  Definitions. (1) The following terms as used in this chapter are hereby defined as follows:

(a)  "Bonded wine warehouse" means a licensed warehouse within the state of Idaho that is solely authorized to store and handle wine.

(b)  "Bonded wine warehouse license" means a license that authorizes a bonded wine warehouse to solely store and handle wine. Handling of wine as provided for in this chapter includes the loading, unloading, and delivery of wine from a vintner or winery to a bonded wine warehouse, from a bonded wine warehouse to a vintner or winery, from a bonded wine warehouse to another bonded wine warehouse, or from a bonded wine warehouse to a distributor. A bonded wine warehouse license does not authorize the distribution or sale of wine.

(c)  "Dessert wine" means only those wines that contain more than sixteen percent (16%) alcohol by volume, but do not exceed twenty-four percent (24%) alcohol by volume, are grape-based, and are fortified through the addition of wine-based spirits or brandy made from grapes. Dessert wine as defined herein shall not be deemed to be a spirit-based beverage for the purposes of paragraph (i) of this subsection. Dessert wine as defined in this section shall not include aromatized wines such as vermouth, quinquina, and americano.

(d)  "Director" means the director of the Idaho state police.

(e)  "Distributor" means a person to whom a wine distributor’s license has been issued.

(f)  "Domestic produced product" means wine at least seventy-five percent (75%) of which by volume is derived from fruit or agricultural products grown in Idaho.

(g)  "Importer" means a person to whom a wine importer’s license has been issued.

(h)  "Live performance" means a performance occurring in a theater and not otherwise in violation of any provision of Idaho law.

(i)  "Low proof spirit beverages" means any alcoholic beverage containing not more than fourteen percent (14%) alcohol by volume obtained by distillation mixed with drinkable water, fruit juices and/or other ingredients in solution. These products shall be considered and taxed as wine. Spirit-based beverages exceeding fourteen percent (14%) alcohol by volume shall be considered as liquor and sold only through the division system.

(j)  "Person" includes an individual, firm, copartnership, association, corporation, or any group or combination acting as a unit, and includes the plural as well as the singular unless the intent to give a more limited meaning is disclosed by the context in which it is used.

(k)  "Retailer" means a person to whom a retail wine license has been issued.

(l)  "Retail wine license" means a license issued by the director authorizing a person to sell table wine and/or dessert wine at retail for consumption off the licensed premises.

(m)  "Table wine" shall mean any alcoholic beverage containing not more than sixteen percent (16%) alcohol by volume obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar whether or not other ingredients are added.

(n)  "Theater" means a room, place or outside structure for performances or readings of dramatic literature, plays or dramatic representations of an art form not in violation of any provision of Idaho law.

(o)  "Vintner" means a person who manufactures, bottles, or sells table wine or dessert wine to importers for resale within this state other than a licensed "winery" as herein defined.

(p)  "Wine" includes table wine and dessert wine, unless the context requires otherwise.

(q)  "Wine by the drink license" means a license to sell table wine or dessert wine by the individual glass or opened bottle at retail, for consumption on the premises only.

(r)  "Wine distributor’s license" means a license issued by the director to a person authorizing such person to distribute table wine or dessert wine to retailers within the state of Idaho.

(s)  "Wine importer’s license" means a license issued by the director to a person authorizing such person to import table wine or dessert wine into the state of Idaho and to sell and distribute such wines to a distributor.

(t)  "Winery" means a place, premises or establishment within the state of Idaho for the manufacture or bottling of table wine or dessert wine for sale. Two (2) or more wineries may use the same premises and the same equipment to manufacture their respective wines, to the extent permitted by federal law.

(u)  "Winery license" means a license issued by the director authorizing a person to maintain a winery.

(2)  All other words and phrases used in this chapter, the definitions of which are not herein given, shall be given their ordinary and commonly understood and accepted meanings.

History:

[23-1303, added 1971, ch. 156, sec. 3, p. 760; am. 1973, ch. 144, sec. 1, p. 281; am. 1974, ch. 27, sec. 62, p. 811; am. 1984, ch. 221, sec. 1, p. 531; am. 1987, ch. 169, sec. 2, p. 330; am. 1994, ch. 266, sec. 1, p. 823; am. 2000, ch. 469, sec. 72, p. 1521; am. 2003, ch. 111, sec. 5, p. 354; am. 2003, ch. 119, sec. 1, p. 363; am. 2004, ch. 318, sec. 3, p. 893; am. 2008, ch. 181, sec. 1, p. 546; am. 2009, ch. 23, sec. 54, p. 67; am. 2017, ch. 73, sec. 1, p. 184; am. 2019, ch. 76, sec. 1, p. 179; am. 2020, ch. 10, sec. 1, p. 12.]