TITLE 23

ALCOHOLIC BEVERAGES

CHAPTER 13

COUNTY OPTION KITCHEN AND TABLE WINE ACT

23-1331.  Suspension, revocation, and refusal to renew licenses and permits — Monetary penalty. (1) The director may suspend, revoke, or refuse to renew a retail wine license, wine by the drink license, wine distributor’s license, wine importer’s license, winery license, bonded wine warehouse license, wine direct shipper’s permit or vintner’s license issued pursuant to the terms of this chapter for any violation of or failure to comply with the provisions of this chapter or rules and regulations promulgated by the director or the state tax commission pursuant to the terms and conditions of this chapter. Manufacturing or bottling functions of a winery shall not be subject to suspension, revocation or nonrenewal of a license, except for violations of law directly related to the manufacturing or bottling activities of the winery. Procedures for the suspension, revocation or refusal to grant or renew licenses issued under this chapter shall be in accordance with the provisions of chapter 52, title 67, Idaho Code.

(2)  When the director determines to suspend such license, the affected licensee may petition the director prior to the effective date of the suspension requesting that a monetary payment be allowed in lieu of the license suspension. If the director determines such payment to be consistent with the purpose of the laws of the state of Idaho and is in the public interest, he shall establish a monetary payment in an amount not to exceed five thousand dollars ($5,000). The licensee may reject the payment amount determined by the director, and instead be subject to the suspension provisions of subsection (1) of this section. Upon payment of the amount established, the director shall cancel the suspension period. The director shall cause any payment to be paid to the treasurer of the state of Idaho for credit to the state’s general account in the state operating fund.

(3)  The suspension of a license for the sale of liquor or beer shall automatically result in the suspension of any license for the sale of wine held by the same licensee and issued for the same premises or location. Such additional suspension shall be equal in length to and run concurrently with the period of the original suspension.

(4)  When a proceeding to revoke or suspend a license has been or is about to be instituted during the time a renewal application of such license is pending before the director, the director shall renew the license notwithstanding the pending proceedings, but such renewed license may be revoked or suspended without hearing if and when the previous license is, for any reason, revoked or suspended.

History:

[23-1331, added 1971, ch. 156, sec. 31, p. 760; am. 1973, ch. 144, sec. 8, p. 281; am. 1974, ch. 27, sec. 74, p. 811; am. 1979, ch. 145, sec. 3, p. 445; am. 1980, ch. 221, sec. 1, p. 493; am. 1981, ch. 199, sec. 3, p. 352; am. 1984, ch. 221, sec. 13, p. 538; am. 1991, ch. 50, sec. 3, p. 93; am. 1993, ch. 347, sec. 3, p. 1292; am. 2014, ch. 122, sec. 1, p. 352; am. 2017, ch. 31, sec. 1, p. 52; am. 2020, ch. 10, sec. 8, p. 16.]