TITLE 23

ALCOHOLIC BEVERAGES

CHAPTER 10

BEER

23-1001.  Definitions. As used in this chapter:

(a)  "Beer" means any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt and/or other ingredients in drinkable water.

(b)  "Brewer" means a person licensed to manufacture beer.

(c)  "Certificate of approval" means a license issued to a person whose business is located outside of the state of Idaho who sells beer to wholesalers located within the state of Idaho.

(d)  "Contractee brewer" means a brewer producing fewer than thirty thousand (30,000) barrels of beer in aggregate annually, including any beer manufactured outside the state of Idaho, that enters into a contractual relationship with another brewer to produce beer on the contractee’s behalf.

(e)  "Contractor brewer" means a brewer producing fewer than thirty thousand (30,000) barrels of beer in aggregate annually, including any beer manufactured outside the state of Idaho, that enters into a contractual relationship with a contractee brewer to produce beer for the contractee brewer on the contractor brewer’s licensed premises.

(f)  "Dealer" means a person licensed to import beer into this state for sale to a wholesaler.

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

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

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

(j)  "Premises" means the building and contiguous property owned, or leased or used under government permit, by a licensee as part of the business establishment in the business of sale of beer at retail, which property is improved to include decks, docks, boardwalks, lawns, gardens, golf courses, ski resorts, courtyards, patios, poolside areas or similar improved appurtenances in which the sale of beer at retail is authorized under the provisions of law.

(k)  "Retailer" means a person licensed to sell beer to consumers at premises described in the license.

(l)  "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.

(m)  "Wholesaler" means any person licensed to sell beer to retailers, wholesalers, permittees or consumers and to distribute beer from warehouse premises described in the license.

(n)  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 acceptable meanings.

History:

[23-1001, added 1935, ch. 132, sec. 1, p. 312; am. 1974, ch. 27, sec. 41, p. 811; am. 1976, ch. 123, sec. 1, p. 472; am. 1987, ch. 200, sec. 1, p. 421; am. 1989, ch. 291, sec. 1, p. 718; am. 1991, ch. 137, sec. 4, p. 322; am. 1994, ch. 14, sec. 4, p. 23; am. 1995, ch. 311, sec. 1, p. 1071; am. 2000, ch. 469, sec. 66, p. 1517; am. 2003, ch. 111, sec. 3, p. 351; am. 2015, ch. 220, sec. 1, p. 682; am. 2019, ch. 214, sec. 1, p. 651.]