TITLE 23

ALCOHOLIC BEVERAGES

CHAPTER 3

LOCAL LIQUOR STORES AND DISTRIBUTING STATIONS

23-302.  Distributing stations — Notice of intent to locate. (a) The division may select a special distributor in any municipality where in its judgment a liquor store is not required; or in any unincorporated locality, but only if satisfied of the existence therein of adequate local police protection, upon the furnishing by said distributor of a bond satisfactory to the division, conditioned for his faithful observance of this act and the rules and regulations of the division thereunder, and if the provisions of section 23-301, Idaho Code, are complied with.

(b)  In maintaining the location of any such store or station, or in discontinuing the same, the division shall give due consideration to the normal local demand for alcoholic liquor by resident temperate adult consumers and the local community sentiment with respect to the liquor traffic as expressed by ordinance or otherwise; provided, however, that if the division located a state liquor store in a municipality with a special distributor on or after January 1, 2023, then any store or station that was in operation as such a special distributor shall be allowed to continue to operate as a special distributor in that location and municipality as long as the store or station otherwise complies with the provisions of this chapter and the rules and regulations of the division, including the provisions of the special distributor agreement. Such special distributor agreements shall not be assignable or transferable.

History:

[23-302, added 1939, ch. 222, sec. 602, p. 465; am. 1978, ch. 237, sec. 2, p. 506; am. 1980, ch. 301, sec. 2, p. 779; am. 2009, ch. 23, sec. 19, p. 58; am. 2024, ch. 307, sec. 1, p. 1031.]