TITLE 23

ALCOHOLIC BEVERAGES

CHAPTER 9

RETAIL SALE OF LIQUOR BY THE DRINK

23-903c.  licenses issued to resort city restaurants. (1) Resort city restaurant liquor license. Upon a finding of proof by the mayor and city council and subject to approval of the mayor and city council and notwithstanding the population limitations set forth in section 23-903(1), Idaho Code, nothing in this chapter shall prohibit the issuance of a resort city restaurant liquor license to the owner, operator, or lessee for use at a qualifying restaurant within the incorporated limits of a city that qualified as a resort city as of July 1, 2024, subject to the provisions of this section. For purposes of this section, "resort city" shall have the same meaning as provided in section 50-1044, Idaho Code, and means a city that is farther than fifteen (15) miles by road from any city with a population of fifty thousand (50,000) or more as established in the last preceding census and has sewage flows that exceed low-season flows by twenty percent (20%) or more. "Restaurant" shall have the same meaning as provided in section 23-942, Idaho Code.

(2)  Qualifying restaurant. To be eligible for issuance of a resort city restaurant liquor license, a restaurant shall demonstrate that the primary source of revenue from the operation of the restaurant to be licensed will be derived from food services and not from the sale of liquor. Subsequent license renewals shall be conditioned upon a showing that no less than sixty percent (60%) of gross sales from the preceding twelve (12) month operation of a licensed restaurant be derived from food services.

(3)(a)  Restaurant operations. A restaurant selling liquor pursuant to a resort city restaurant liquor license shall abide by the following:

(i)   Liquor shall be dispensed and prepared for consumption by a restaurant licensed pursuant to this section only in areas approved by the local licensing authority; and

(ii)  All liquor sales shall cease at the time food sales and services cease. The local licensing authority may impose additional date and time restrictions on liquor sales.

(b)  No resort city restaurant licensed pursuant to this section shall promote or operate the restaurant as a bar and lounge.

(4)(a)  Licenses per city. No more than three (3) resort city restaurant liquor licenses may be issued for use within the incorporated limits of a single resort city. In the event the mayor and city council do not approve the proposed license, a license shall not be issued. Priority shall be given on a first-come, first-served basis according to date of application and the following:

(i)   First to those who applied for a license within the incorporated city prior to July 1, 2024, contingent on the ability for actual use as a resort city restaurant liquor license; and

(ii)  Second to those who apply for a resort city restaurant liquor license on or after July 1, 2024.

(b)  Resort city liquor licenses shall not count toward the limitation on the number of licenses issued according to population, as provided in section 23-903(1), Idaho Code.

(5)  Sale, lease, and transfer prohibited. A resort city restaurant liquor license may not be sold or leased and shall not be transferable to any other location, facility, or premises.

(6)  The fees for licenses granted pursuant to this section shall be the same as those set forth in section 23-904(1), (2), and (3), Idaho Code.

History:

[23-903c, added 2024, ch. 284, sec. 1, p. 971.]