TITLE 23

ALCOHOLIC BEVERAGES

CHAPTER 13

COUNTY OPTION KITCHEN AND TABLE WINE ACT

23-1307.  Qualifications for retail wine license, wine by the drink license, bonded wine warehouse license, and distributor’s license. (1) No retail wine license, wine by the drink license, bonded wine warehouse license, or wine distributor’s license shall be issued to an applicant who at the time of making the application:

(a)  If a corporation, has not qualified as required by law to do business in the state of Idaho;

(b)  Has had a wine distributor’s license, retail wine license, wine by the drink license, bonded wine warehouse license, or wine importer’s license revoked by the director within three (3) years from the date of making such application;

(c)  Has been convicted of a violation of the laws of this state or of the United States governing the sale of alcoholic beverages, wine, or beer, within three (3) years from the date of making such application;

(d)  Has been convicted of a felony or been granted a withheld judgment following an adjudication of guilt of a felony within five (5) years from the date of making such application;

(e)  If an individual or partnership, either the individual or at least one (1) of the partners of a partnership is not nineteen (19) years of age or older.

(2)  Licensed wineries shall not be required to possess a retail beer license to sell wine on the winery’s original licensed premises or at locations other than the winery’s original licensed premises.

(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.

History:

[23-1307, added 1971, ch. 156, sec. 7, p. 760; am. 1973, ch. 144, sec. 3, p. 281; am. 1974, ch. 27, sec. 65, p. 811; am. 1987, ch. 169, sec. 4, p. 332; am. 1992, ch. 315, sec. 4, p. 941; am. 1994, ch. 14, sec. 7, p. 27; am. 2001, ch. 284, sec. 4, p. 1018; am. 2010, ch. 87, sec. 1, p. 168; am. 2017, ch. 73, sec. 2, p. 186; am. 2020, ch. 10, sec. 3, p. 14.]