Idaho Code § 23-404 — Idaho Code / Title 23 / Chapter 4 / Section 23-404
23-404 DISTRIBUTION OF MONEYS IN LIQUOR ACCOUNT.
Status: in_force

23-404. Distribution of moneys in liquor account. (1) The moneys received into the liquor account shall be transferred or appropriated as follows:

(a) An amount of money equal to the actual cost of purchase of alcoholic liquor and payment of expenses of administration and operation of the division, as determined by the director and certified quarterly to the state controller, shall be transferred back to the division; provided, that the amount so transferred back for administration and operation of the division shall not exceed the amount authorized to be expended by regular appropriation authorization.

(b) Fifty percent (50%) of the balance remaining after transferring the amounts authorized by paragraph (a) of this subsection shall be transferred or appropriated pursuant to this paragraph as follows:

(i) Two million eighty thousand dollars ($2,080,000) shall be transferred annually to the substance abuse treatment fund created in section 23-408, Idaho Code;

(ii) Eight hundred thousand dollars ($800,000) shall be transferred annually to the state community college account created in section 33-2139, Idaho Code;

(iii) One million two hundred thousand dollars ($1,200,000) shall be transferred annually to the public school income fund as defined in section 33-903, Idaho Code;

(iv) Six hundred fifty thousand dollars ($650,000) shall be transferred annually to the cooperative welfare fund in the dedicated fund;

(v) Six hundred eighty thousand dollars ($680,000) shall be transferred annually to the drug court, mental health court and family court services fund;

(vi) Four hundred forty thousand dollars ($440,000) shall be transferred annually to the drug and mental health court supervision fund created in section 23-409, Idaho Code;

(vii) Two million dollars ($2,000,000) shall be transferred annually to the Idaho law enforcement fund established in section 67-2914, Idaho Code, and shall be used exclusively for the purposes described in section 49-454(3), Idaho Code; and

(viii) The balance shall be transferred to the general fund, after one and one-half percent (1.5%) of such balance is transferred to the peace officers standards and training fund created in section 19-5116, Idaho Code.

(c) Fifty percent (50%) of the balance remaining after transferring the amounts authorized by paragraph (a) of this subsection shall be transferred or appropriated and paid as follows:

(i) Eighty-five percent (85%) of such balance remaining shall be transferred or appropriated as follows:

1. Two million dollars ($2,000,000) shall be transferred annually to the Idaho law enforcement fund established in section 67-2914, Idaho Code, and shall be used exclusively for the purposes described in section 49-454(3), Idaho Code.

2. Forty-two and three-tenths percent (42.3%) of the balance remaining after the transfer authorized by subparagraph (i)1. of this paragraph has been made is hereby appropriated to and shall be paid to the several counties. Each county shall be entitled to an amount in the proportion that liquor sales through the division in that county during the state's previous fiscal year bear to total liquor sales through the division in the state during the state's previous fiscal year, except that no county shall be entitled to an amount less than that county received in distributions from the liquor account during the state's fiscal year 1981.

3. Fifty-seven and seven-tenths percent (57.7%) of the balance remaining after the transfer authorized by subparagraph (i)1. of this paragraph has been made is hereby appropriated to and shall be paid to the several cities. Amounts paid to the several cities shall be distributed as follows:

(A) Ninety percent (90%) of the amount appropriated to the cities shall be distributed to those cities that have a liquor store or distribution station located within the corporate limits of the city. Each such city shall be entitled to an amount in the proportion that liquor sales through the division in that city during the state's previous fiscal year bear to total liquor sales through the division in the state during the state's previous fiscal year, except that no city shall be entitled to an amount less than that city received in distributions from the liquor account during the state's fiscal year 1981;

(B) Ten percent (10%) of the amount appropriated to the cities shall be distributed to those cities that do not have a liquor store or distribution station located within the corporate limits of the city. Each such city shall be entitled to an amount in the proportion that its population bears to the population of all cities in the state that do not have a liquor store or distribution station located within the corporate limits of the city, except that no city shall be entitled to an amount less than that city received in distributions from the liquor account during the state's fiscal year 1981.

(ii) Fifteen percent (15%) of such balance remaining is hereby appropriated to the several counties for deposit in the district court fund. Such funds shall be dedicated to provide for the suitable and adequate quarters of the magistrate division of the district court, including the facilities and equipment necessary to make the space provided functional for its intended use, and shall provide for the staff personnel, supplies and other expenses of the magistrate division. Amounts paid to the several counties pursuant to this subparagraph shall be distributed as follows:

1. The first four hundred forty thousand dollars ($440,000) shall be distributed to each of the forty-four (44) counties in equal amounts;

2. Fifty percent (50%) of the remaining funds shall be distributed to the forty-four (44) counties in proportion to the population of the county in relation to the population of the state; and

3. Fifty percent (50%) of the remaining funds shall be distributed to the forty-four (44) counties in proportion to the number of misdemeanor and infraction filings initiated by city law enforcement officers in the county during the state's previous fiscal year in relation to the proportion of the number of misdemeanor and infraction filings initiated by all city law enforcement officers in the state.

(2) All transfers and distributions shall be made periodically, but not less frequently than quarterly, but the apportionments made to any county or city that may during the succeeding three (3) year period be found to have been in error either of computation or transmittal shall be corrected during the fiscal year of discovery by a reduction of apportionments in the case of over-apportionment or by an increase of apportionments in the case of under-apportionment. The decision of the director on entitlements of counties and cities shall be final and shall not be subject to judicial review.

(3) For purposes of this section, "city law enforcement officer" means an individual, either employed directly by a city or by way of a contract for law enforcement services with another city or county, authorized to investigate, enforce, prosecute or punish violations of city or state statutes, ordinances or regulations.

History:

[23-404, added 1982, ch. 255, sec. 4, p. 655; am. 1983, ch. 117, sec. 2, p. 259; am. 1984, ch. 120, sec. 1, p. 277; am. 1994, ch. 180, sec. 37, p. 451; am. 2006, ch. 289, sec. 1, p. 886; am. 2007, ch. 141, sec. 1, p. 407; am. 2008, ch. 252, sec. 1, p. 738; am. 2009, ch. 23, sec. 31, p. 61; am. 2013, ch. 187, sec. 1, p. 447; am. 2018, ch. 87, sec. 1, p. 191; am. 2018, ch. 264, sec. 2, p. 630; am. 2019, ch. 218, sec. 1, p. 659; am. 2022, ch. 50, sec. 2, p. 152; am. 2026, ch. 324, sec. 1, p. 1288.]
Idaho Code § 23-953 — Idaho Code / Title 23 / Chapter 9 / Section 23-953
23-953 RACING FACILITIES — LICENSING.
Status: in_force

23-953. Racing facilities — Licensing. Nothing contained in this chapter shall prohibit the issuance of a license to the owner, operator or lessee of a racing facility, even if situated outside the incorporated limits of a city. A "racing facility" means an actual, bona fide racing facility located on not less than twenty (20) contiguous acres with permanently erected seating of not less than one thousand (1,000) capacity, and which has a license to conduct pari-mutuel racing. The provisions of section 23-910, Idaho Code, shall apply to licenses issued under the provisions of this section. The fees for licenses granted under the provisions of this section shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code. Licenses issued under the provisions of this section are not transferable.

History:

[23-953, added 1988, ch. 287, sec. 1, p. 921.]
Idaho Code § 23-1319 — Idaho Code / Title 23 / Chapter 13 / Section 23-1319
23-1319 EXCISE TAX — SALES INCLUDED — REFUND FOR EXPORT SALES — REFUND FOR BREAKAGE OR SPOILAGE — DISTRIBUTION OF REVENUE.
Status: in_force

23-1319. Excise tax — Sales included — Refund for export sales — Refund for breakage or spoilage — Distribution of revenue. Upon all wines sold by a distributor or winery to a retailer or consumer and upon all wines sold and shipped directly to Idaho state residents by an out-of-state wine manufacturer holding a wine direct shipper permit under section 23-1309A, Idaho Code, for use within the state of Idaho pursuant to this chapter, there is hereby imposed an excise tax of forty-five cents (45¢) per gallon. Sales of wine by a distributor or winery for the purpose of and resulting in export of wine from this state for resale outside this state shall be exempt from the taxes on wine imposed by this chapter.

(a) Every sale of wine by a distributor to a retailer shall constitute a sale of wine for resale or consumption in this state, whether the sale is made within or without this state, and the distributor shall be liable for the payment of taxes. In every sale of wine by a winery through any of its licensed retail outlets, the winery shall be liable for payment of taxes imposed by this section.

(b) When wine has been destroyed by breakage or has spoiled or otherwise become unfit for beverage purposes prior to payment of taxes on it, the distributor, upon satisfactory proof of destruction or spoilage, shall be entitled to deduct from existing inventories, subject to tax, the amount of wine so destroyed or spoiled.

(c) If the state tax commission determines that any amount due under this chapter has been paid more than once or has been erroneously or illegally collected or computed, the commission shall set forth that fact in its records, and the excess amount paid or collected may be credited on any amount then due and payable to the commission from that person and any balance refunded to the person by whom it was paid or to his successors, administrators, or executors. The commission is authorized and the state board of tax appeals is authorized to order the commission in proper cases to credit or refund such amounts whether or not the payments have been made under protest and certify the refund to the state board of examiners.

(d) No credit or refund shall be allowed or made after three (3) years from the time the payment was made, unless before the expiration of that period a claim is filed by the taxpayer. The three (3) year period allowed by this subsection for making refunds or credit claims shall not apply in cases where the state tax commission asserts a deficiency of tax imposed by law, and taxpayers desiring to appeal or otherwise seek a refund of amounts paid in obedience to deficiencies must do so within the time limits elsewhere prescribed by law.

(e) All revenue received pursuant to this chapter shall be distributed as follows:

(1) An amount of money shall be distributed to the state refund account sufficient to pay current refund claims as authorized in subsection (c) of this section and those moneys are continuously appropriated.

(2) The balance remaining after distributing the amount in paragraph (1) of this subsection shall be distributed as follows:

(i) Twelve percent (12%) shall be distributed to the substance abuse treatment fund, which is created in section 23-408, Idaho Code;

(ii) Five percent (5%), based on the sale of out-of-state wine, shall be distributed to the Idaho grape growers and wine producers account;

(iii) Up to eighty-eight percent (88%), based on the sale of Idaho wine, shall be distributed to the Idaho grape growers and wine producers account as follows:

1. In fiscal year 2022, twenty-six percent (26%) based on the sale of Idaho wine;

2. In fiscal year 2023, sixty-two percent (62%) based on the sale of Idaho wine; and

3. In fiscal year 2024 and thereafter, eighty-eight percent (88%) based on the sale of Idaho wine.

(iv) The remainder shall be distributed to the general fund.

(f) Any person who is not a distributor or winery but who makes, whether as principal, agent, or broker, any sales of wine not otherwise taxed under this section and not exempt from such tax shall be liable for payment of taxes imposed by this section. This subsection shall not impose tax on wine sold pursuant to section 23-1336, Idaho Code.

History:

[23-1319, added 1971, ch. 156, sec. 19, p. 760; am. 1980, ch. 239, sec. 5, p. 557; am. 1980, ch. 391, sec. 2, p. 995; am. 1984, ch. 105, sec. 1, p. 244; am. 1984, ch. 221, sec. 9, p. 535; am. 1984, ch. 283, sec. 1, p. 656; am. 1986, ch. 73, sec. 5, p. 205; am. 1988, ch. 156, sec. 1, p. 283; am. 1990, ch. 18, sec. 1, p. 30; am. 1994, ch. 243, sec. 1, p. 762; am. 2006, ch. 29, sec. 2, p. 91; am. 2007, ch. 141, sec. 6, p. 411; am. 2013, ch. 23, sec. 1, p. 44; am. 2021, ch. 233, sec. 3, p. 712.]
Idaho Code § 23-926 — Idaho Code / Title 23 / Chapter 9 / Section 23-926
23-926 DESTRUCTION OF STAMPS — SANITARY REQUIREMENTS.
Status: in_force

23-926. Destruction of stamps — Sanitary requirements. It shall be the duty of any licensee hereunder immediately upon emptying any liquor container to deface, so that the same may not again be used, all government or state stamps or labels. Any licensed premises shall be maintained in sanitary condition according to the requirements of chapter 16, title 39, Idaho Code, and any city ordinances pertaining thereto.

History:

[23-926, added 1947, ch. 274, sec. 24, p. 870; am. 1974, ch. 247, sec. 1, p. 1624.]
Idaho Code § 23-614 — Idaho Code / Title 23 / Chapter 6 / Section 23-614
23-614 PROHIBITED ACTS — MISDEMEANORS — PENALTIES.
Status: in_force

23-614. Prohibited acts — Misdemeanors — Penalties. (1) It shall be unlawful for a licensee or his agent or employee to knowingly allow or engage in any of the following kinds of conduct on his licensed premises:

(a) Any live conduct or entertainment by any person whose genitals, female areola, anal cleft, anus, or pubic hair are exposed or who is wearing transparent clothing that reveals the genitals, female areola, anal cleft, anus, or pubic hair;

(b) Any live conduct or entertainment that includes sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any act that includes the penetration, however slight, by any object into the genital or anal opening of a person's body;

(c) Any live conduct or entertainment that simulates sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any act that simulates the penetration, however slight, by any object into the genital or anal opening of a person's body;

(d) Any live conduct or entertainment that includes the fondling of the breasts, buttocks, anus, vulva, or genitals;

(e) Individuals who are personally present and wearing or using any clothing or device that exposes in any way simulated genitals, female areola, anal cleft, anus, or pubic hair; or

(f) The showing of films, still pictures, electronic reproductions or other visual reproductions which are in violation of chapter 41, title 18, Idaho Code (indecency and obscenity), or are in violation of federal law regarding pornography, indecency or obscenity.

(2) Supervision. It shall be unlawful for a licensee to fail to supervise in person or through a manager the business for which a permit is issued.

(3) Exception. With the exception of subsection (l)(b) above, this section does not apply to any theatrical or artistic performance which, when considered as a whole and in the context that it is used, expresses matters of serious literary, artistic, scientific or political value and is:

(a) Held at a theater, concert hall, art center, museum, event center, or any other establishment or venue licensed under title 23, Idaho Code, and is held out to the public as predominately offering and which does offer such performances; or

(b) Held at a theater, concert hall, art center, museum, event center, or any other establishment or venue that does not fall within subsection (3)(a) above and is not predominately used to serve alcohol with live entertainment regulated under subsection (1)(a) through (e) of this section, but has a valid license under title 23, Idaho Code, and, if required by the city or county, a valid permit from the city or county to serve alcohol at such performance; and

(c) Is not in violation of chapter 41, title 18, Idaho Code (indecency and obscenity), or in violation of federal law regarding pornography, indecency or obscenity.

(4) A violation of any of the provisions of this section by any agent, employee, or other person in any way acting on behalf of a licensee shall constitute a misdemeanor, and upon conviction such person shall be fined not less than the sum of one hundred dollars ($100) nor more than the sum of three hundred dollars ($300), or be imprisoned in the county jail for not less than thirty (30) days nor more than six (6) months, or both such fine and imprisonment. Any court in which a judgment of conviction is entered shall certify a copy thereof to the director, and the director shall thereupon commence administrative proceedings. The director shall review the circumstances and may take action he considers appropriate against the licensee including suspension of the license for not to exceed six (6) months, a fine, or both such suspension and fine or may revoke the license.

(5) In addition to misdemeanor violations or other criminal proceedings instituted under this section, upon sufficient proof to the director, the director shall take administrative action as provided in subsection (4) of this section against any licensee in the event any person is found to have committed any of the above proscribed acts. The proceedings shall be in accordance with provisions of the administrative procedure act.

History:

[23-614, added 2017, ch. 280, sec. 3, p. 732.]
Idaho Code § 23-503 — Idaho Code / Title 23 / Chapter 5 / Section 23-503
23-503 DENATURED ALCOHOL.
Status: in_force

23-503. Denatured alcohol. Any person, firm, or corporation may manufacture or sell denatured or wood alcohol.

History:

[23-503, added 1939, ch. 222, sec. 803, p. 465.]
Idaho Code § 23-1304 — Idaho Code / Title 23 / Chapter 13 / Section 23-1304
23-1304 COUNTY OPTION — RESOLUTION OF COUNTY COMMISSIONERS — ORDER FOR ELECTION — FORM OF BALLOT — EFFECT OF ELECTION OR RESOLUTION.
Status: in_force

23-1304. County option — Resolution of county commissioners — Order for election — Form of ballot — Effect of election or resolution. There is hereby granted to the board of county commissioners of each of the several counties of this state the right and authority to permit the sale of table wine and/or dessert wine, as defined in this chapter, within the borders of the several counties of this state, which may be exercised in the following manner:

(a) the board of county commissioners of each county of this state may, by resolution regularly adopted, provided that retail sale of table wine and/or dessert wine, as defined in this chapter, shall be permitted within the county, and upon a certification of such resolution to the director, a retail wine license shall thereafter be issued for premises within such county so long as such resolution remains in effect; or

(b) the board of county commissioners of each of the several counties of this state may submit the question of permitting the sale of table wine and/or dessert wine at retail within the boundaries of the county to the electors of the county.

The board of county commissioners may make an order calling an election to be held, subject to the provisions of section 34-106, Idaho Code, within said county in the manner provided by law for holding elections for county officers. All laws of the state of Idaho relating to the holding of elections for county officers shall apply to the holdings of the election provided for in this section, except where specifically modified herein.

Such election may also be called upon written petition of registered electors equal in number to twenty percent (20%) of the registered, qualified electors of the county for the last general election under the following conditions:

(a) The petition for such an election shall be in substantially the following form:

RETAIL WINE SALE PETITION

To the Honorable County Commissioners of the County of …., State of Idaho:

We, the undersigned citizens and registered, qualified electors of the County of …., respectfully demand that the Board of County Commissioners submit the question of permitting the sale of table wine (and/or dessert wine) at retail within the boundaries of the County of …. to the electors of the county in the manner provided in section 23-1304, Idaho Code.

We, each for himself, say: I am a registered elector of the County of …. and my residence, post office address, county, election precinct and the date I signed this petition are correctly written after my name.

Name Residence Post Office County Election Precinct Date (If in a city, street and number)

(Here follow twenty numbered lines for signatures)

(b) Before or at the time of beginning to circulate any petition for an election to determine sale of wine at retail, the person or persons, organization or organizations, under whose authority the petition is to be circulated, shall send or deliver to the county clerk a copy of such petition duly signed by at least twenty (20) electors eligible to sign such petition. The county clerk shall immediately examine the petition and specify the form and kind and size of paper on which the petition shall be printed and circulated for further signatures. All petitions and sheets for signatures shall be printed on a good quality bond or ledger paper, on pages eight and one-half (8 1/2) inches in width by thirteen (13) inches in length, with a margin of one and three-fourths (1 3/4) inches at the top for binding, and the sheets for signatures shall have numbered lines thereon from one (1) to twenty (20) for signatures. The petition shall be prepared in sections, with each section numbered consecutively. Each section of a petition must have a printed copy of the petition as the first page, and each section shall have attached to it not more than ten (10) sheets for signatures.

(c) The county clerk shall indicate in writing on the petition that he has approved it as to form and the date of such approval. Upon approval as to form, the county clerk shall inform the person or persons, organization or organizations, under whose authority the petition is to be circulated, in writing, that the petition must be perfected with the required number of signatures within one hundred eighty (180) days following the date of approval as to form. Any petition that has not been perfected with the required number of certified signatures within the one hundred eighty (180) days allowed shall be declared null and void ab initio in its entirety, except for the extension allowed for in subsection (g) of this section.

(d) Each and every signature sheet of each petition containing signatures shall be verified on the face thereof in substantially the following form by the person who circulated said sheet of the petition, by his or her affidavit thereon, as a part thereof:

State of Idaho

County of ….

I, …., swear, under penalty of perjury, that every person who signed this sheet of the foregoing petition signed his or her name thereto in my presence. I believe that each has stated his or her name and the accompanying required information on the signature sheet correctly, and that the person was eligible to sign this petition.

Subscribed and sworn to before me this …. day of …., 2….

(Notary Seal)

(e) All petitions with attached signature sheets shall be presented to the county clerk on the same day and a cursory examination of the petitions shall be made by him. The cursory examination shall be made to determine whether the petitions apparently contain the necessary number of signatures. If the total number of signatures on the petitions is not sufficient to satisfy the number required by this law, all petitions with attached signature sheets shall be returned to the person or organization attempting to file them, and further signatures may be gathered. If the cursory examination of the signature sheets reveals:

(1) erasures on any signature;

(2) illegible or unidentifiable signatures; or

(3) signatures not properly identified by all the information required on the sheet,

the county clerk shall summarily reject such signature and such signatures shall not be counted. Each rejected signature shall be drawn through with ink and initialed by the county clerk or his deputy. If the total number of signatures not rejected is not sufficient to satisfy the number required by law, all petitions with attached signature sheets shall be returned to the person or organization attempting to file them, and further signatures may be gathered.

(f) All petitions presented to the county clerk found to apparently contain the necessary number of signatures, after the cursory examination provided for in subsection (e) of this section, shall be filed with the county clerk and become public records of the county not to be returned. The county clerk shall examine each signature purported to be that of a registered elector and compare each such signature with the registration documents available to him. The county clerk shall summarily reject all signatures which are not the signatures of registered electors; and such rejected signatures shall not be counted. Each rejected signature shall be drawn through with ink and initialed by the clerk or his deputy. The county clerk may take not to exceed twenty (20) days after filing of the petition to complete his examination. The county clerk shall certify each signature found to comply with all of the requirements of this act by an appropriate mark following each signature. The county clerk shall total the number of certified signatures and certify the number thereof to the board of county commissioners.

(g) In the event that a petition filed with the county clerk does not contain the required number of certified signatures, the county clerk shall inform the person or organization under whose authority the petition was circulated that the petition is defective for lack of certified signatures, and specify the number of additional signatures required to make the petition valid. The petition must be perfected within sixty (60) days of the date that the clerk finds the petition defective for lack of certified signatures. If the petition is not perfected within the sixty (60) day period, the clerk shall declare the petition null and void ab initio in its entirety.

(h) In the event the county clerk shall certify to the board of county commissioners that a petition contains the required number of signatures of registered, qualified electors, said governing body shall forthwith make an order calling an election to be held, subject to the provisions of section 34-106, Idaho Code, within said county in the manner provided by law for holding elections for county officers.

In addition to the other requirements of law, the notice of election shall notify the electors of the issue to be voted upon at said election. The county recorder must furnish the ballots to be used in such election, which ballots must contain the following words:

"Sale of table wine at retail, Yes,"

"Sale of table wine at retail, No."

and, if applicable:

"Sale of dessert wine at retail, Yes,"

"Sale of dessert wine at retail, No."

and the elector in order to vote must mark an "X" opposite one (1) of the questions in the space provided therefor. Upon a canvass of the votes cast, the county recorder shall certify the result thereof to the director. If a majority of the votes cast are affirmative on the issue or issues presented, licenses shall be issued in said county as in this chapter provided. If a majority of the votes cast are in the negative on the issue or issues presented, then no license shall be issued in said county unless thereafter authorized by a subsequent election in said county which may be called in the manner provided for herein.

No resolution or election prohibiting the sale of table wine and/or dessert wine within the boundaries of any county of this state shall have an effective date prior to the end of the then current calendar year if at the time of the adoption thereof there shall be any outstanding valid retail wine licenses in good standing for premises within such county.

The signer of any petition under this chapter may remove his own name from the petition by crossing out, obliterating, or otherwise defacing his own signature at any time prior to the time when the petition is filed. The signer of any such petition may have his name removed from the petition at any time after the petition has been filed, but prior to the time when an election has been ordered, by presenting or submitting to the county clerk a signed, acknowledged statement that the signer desires to have his name removed from the petition. The statement shall contain sufficient information to clearly identify the signer. The county clerk shall immediately strike the signer's name from the petition, and adjust the total of certified signatures on the petition accordingly. The statement shall be attached to, and become a part of, the petition.

A person is guilty of a felony punishable by imprisonment in the state penitentiary, not to exceed two (2) years, who:

(a) Signs any name other than his own to any petition.

(b) Knowingly signs his name more than once on the same petition.

(c) Willfully or knowingly circulates, publishes or exhibits any false statement or representation concerning the contents, purport or effect of any petition for the purpose of obtaining any signature to any such petition, or for the purpose of persuading any person to sign any such petition.

(d) Circulates or causes to circulate any petition, knowing the same to contain false, forged or fictitious names.

(e) Makes any false affidavit concerning any petition or the signatures appended thereto.

(f) Knowingly makes any false return, certification or affidavit concerning any petition or the signatures appended thereto.

(g) Threatens any person with punitive or retaliatory action for the purpose of obtaining signatures or hindering or delaying the obtaining of signatures upon a petition.

History:

[23-1304, added 1971, ch. 156, sec. 4, p. 760; am. 1973, ch. 142, sec. 1, p. 273; am. 1974, ch. 27, sec. 63, p. 811; am. 1995, ch. 118, sec. 13, p. 440; am. 2003, ch. 119, sec. 2, p. 364.]
Idaho Code § 23-403 — Idaho Code / Title 23 / Chapter 4 / Section 23-403
23-403 RESERVE.
Status: in_force

23-403. Reserve. No distribution of any surplus from the liquor fund shall be made as provided in the following section, unless there shall be moneys in said fund after setting aside and reserving the following:

(a) Funds sufficient to pay all current obligations of the division.

(b) A cash reserve of fifty thousand dollars ($50,000) over and above all other assets.

History:

[23-403, added 1939, ch. 222, sec. 703, p. 465; am. 2009, ch. 23, sec. 30, p. 61.]
Idaho Code § 23-1104 — Idaho Code / Title 23 / Chapter 11 / Section 23-1104
23-1104 NOTICE OF TRANSFER BY DISTRIBUTOR — CONSENT BY SUPPLIER.
Status: in_force

23-1104. Notice of transfer by distributor — Consent by supplier. (1) A distributor who proposes to transfer the distributor's business shall give the supplier written notice of the distributor's proposed transfer of the distributor's business not less than thirty (30) days prior to the date specified in the notice for completion of the transfer, except in cases of transfer to a designated member, in which case the transferee shall give the supplier written notice of the transfer within a reasonable time after the transfer is completed.

(2) A supplier's written consent shall be required for a transfer of the distributor's business to a person other than a designated member. Provided however, written consent from a supplier shall be required for a transfer of the distributor's business to a designated member if any of the following conditions apply:

(a) The transferee or any owner of the transferee has been convicted of a felony under the laws of any state or of the federal government which would adversely affect the good will or interests of the supplier.

(b) The transferee or any owner of the transferee has had a license for the sale of beer, wine or any alcoholic beverage suspended or revoked by the regulatory agency of the federal government or of any state and such suspension or revocation interrupted service by the transferee or by the owner of the transferee for a period of more than thirty (30) days.

(c) The transferee or any owner of the transferee is insolvent within the definition of section 101, title 11, United States Code, or there has been a liquidation, dissolution or assignment for the benefit of creditors of substantially all of the transferee's business or assets, or an order for relief under chapter 7, title 11, United States Code, has been entered with respect to the transferee.

(d) The transferee or any owner of the transferee has had any previous agreement with the supplier involuntarily terminated, canceled, discontinued or not renewed by the supplier for good cause.

(3) If the transferee is a designated member, a supplier shall not interfere with, prevent, or unreasonably delay the transfer of the distributor's business. An unreasonable delay is one that exceeds thirty (30) days after the service of the notice required by subsection (1) of this section and the receipt of all material information reasonably requested from which the supplier can determine whether the transfer to the designated member may require the supplier's consent. If consent is required, a supplier may not withhold consent or unreasonably interfere with the transfer of the distributor's business if the transferee meets reasonable standards and qualifications which are material and nondiscriminatory.

(4) If the transferee is not a designated member, a supplier may not withhold consent or unreasonably interfere with or delay the transfer of the distributor's business if the transferee meets reasonable standards and qualifications which are material and nondiscriminatory. An unreasonable delay is one that exceeds thirty (30) days after the receipt of all material information reasonably requested to enable the supplier to determine whether the transferee meets reasonable standards and qualifications.

(5) In any legal action, or other dispute resolution proceeding, between a distributor and supplier relating to the supplier's refusal to consent to the transfer of the distributor's business to a transferee, the distributor shall have the burden of proving that the supplier withheld consent, interfered with or delayed the proposed transfer of the distributor's business. Upon the distributor making such prima facie showing, the supplier shall have the burden of proving that the proposed transferee does not meet such reasonable standards and qualifications.

History:

[23-1104, added 1993, ch. 312, sec. 1, p. 1151.]
Idaho Code § 23-918 — Idaho Code / Title 23 / Chapter 9 / Section 23-918
23-918 FORM OF BALLOT.
Status: in_force

23-918. Form of ballot. The county clerk must furnish the ballots to be used in such election, which ballots must contain the following words:

"Sale of liquor by the drink, Yes,"

"Sale of liquor by the drink, No,"

and the elector in order to vote must indicate the elector's choice opposite one (1) of the questions in a space provided therefor.

History:

[23-918, added 1947, ch. 274, sec. 18, p. 870; am. 2009, ch. 341, sec. 8, p. 1000.]
Idaho Code § 23-616 — Idaho Code / Title 23 / Chapter 6 / Section 23-616
23-616 ALCOHOL WITHOUT LIQUID DEVICE — POWDERED ALCOHOL.
Status: in_force

23-616. Alcohol without liquid device — powdered alcohol. (1) As used in this section:

(a) "Alcohol without liquid device" means any machine, device or process that mixes an alcoholic product with oxygen or another gas to produce vaporized alcohol for the purpose of consumption through inhalation.

(b) "Powdered alcohol" means any powder or crystalline substance containing alcohol that is produced for direct use or reconstitution. "Powdered alcohol" does not include alcoholic nonbeverages listed in section 23-504, Idaho Code.

(c) "Vaporized alcohol" means an alcoholic product created by mixing alcohol with oxygen or another gas to produce a vapor or mist for the purpose of consumption through inhalation.

(2) A person shall not use or offer for use, possess, purchase, sell or offer for sale an alcohol without liquid device or powdered alcohol. No person licensed pursuant to title 23, Idaho Code, or his or its employed agents, servants or bartenders shall use or offer for use, possess, purchase, sell or offer for sale an alcohol without liquid device or powdered alcohol.

(3) The Idaho state police may promulgate rules to allow for the possession, sale or use of an alcohol without liquid device or powdered alcohol by certain hospitals, universities, or pharmaceutical or biotechnology companies for bona fide research or medical purposes.

(4) A person who violates this section shall be guilty of a misdemeanor. Upon conviction or a finding of guilt of a second or subsequent violation of this section, the defendant shall be punished by a fine of not less than three hundred dollars ($300), nor more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment.

(5) Any violation of the provisions of this section by a person licensed pursuant to title 23, Idaho Code, shall constitute grounds for the suspension and revocation of any and all such licenses issued to such person.

(6) An alcohol without liquid device or powdered alcohol as defined in this section and except as in this section authorized is hereby declared to be a public nuisance and in this title is referred to as a liquor nuisance pursuant to section 23-701, Idaho Code.

History:

[23-616, added 2006, ch. 254, sec. 1, p. 792; am. 2016, ch. 277, sec. 1, p. 765.]
Idaho Code § 23-949 — Idaho Code / Title 23 / Chapter 9 / Section 23-949
23-949 PERSONS NOT ALLOWED TO SELL, SERVE OR DISPENSE BEER, WINE OR OTHER ALCOHOLIC LIQUOR.
Status: in_force

23-949. Persons not allowed to sell, serve or dispense beer, wine or other alcoholic liquor. It is unlawful for any person under the age of twenty-one (21) years to sell, serve or dispense beer, wine or other alcoholic liquor; provided, however, that any person who is nineteen (19) years of age or older may sell, serve and dispense liquor, beer or wine in the course of his employment in any place as defined in section 23-942, Idaho Code, or other place where liquor, beer or wine is lawfully present so long as such place is the place of employment for such person under twenty-one (21) years of age.

For purposes of this section, a person who sells, serves or dispenses liquor, beer or wine in compliance with the provisions of this section shall not be deemed to "possess" alcohol in violation of section 23-604, Idaho Code.

Any person violating the provisions of this section shall be guilty and punished in accordance with section 18-1502, Idaho Code.

History:

[23-949, added 1961, ch. 18, sec. 1, p. 21; am. 1972, ch. 330, sec. 8, p. 828; am. 1978, ch. 374, sec. 1, p. 980; am. 1981, ch. 222, sec. 4, p. 413; am. 1982, ch. 110, sec. 5, p. 313; am. 1987, ch. 212, sec. 9, p. 452; am. 2000, ch. 334, sec. 1, p. 1125; am. 2016, ch. 344, sec. 5, p. 990.]
Idaho Code § 23-1055 — Idaho Code / Title 23 / Chapter 10 / Section 23-1055
23-1055 UNLAWFUL SALE, PURCHASES AND ACTS.
Status: in_force

23-1055. Unlawful sale, purchases and acts. It shall be unlawful: (a) for any brewer manufacturing beer outside this state or for any foreign distributor to sell beer for resale or consumption in this state except to dealers and wholesalers licensed in this state; (b) for any dealer or wholesaler licensed in this state to purchase beer manufactured outside this state except from brewers or foreign distributors holding certificates of approval issued by this state and from other dealers or wholesalers licensed in this state; (c) for any person to sell beer for resale or consumption in this state or to transfer or import beer into this state for the purpose of selling such beer for resale or consumption in this state, unless such person shall hold a license or certificate of approval issued by this state pursuant to which any such sale, transportation or importation shall be authorized; (d) for any retailer licensed in this state to purchase beer for resale except from a dealer or wholesaler licensed in this state. Any beer sold, transported or imported in violation of the provisions of this section shall be subject to seizure, forfeiture and sale in the same manner as provided for in section 23-1008, as amended.

History:

[I.C., sec. 23-1055, as added by 1961, ch. 259, sec. 1, p. 430.]
Idaho Code § 23-1311 — Idaho Code / Title 23 / Chapter 13 / Section 23-1311
23-1311 SALES BY DISTRIBUTORS — RESTRICTIONS.
Status: in_force

23-1311. Sales by distributors — Restrictions. No distributor may sell any wine produced, manufactured, imported, or bought by such distributor, for use within this state, except to the holder of a valid retail wine license or wine by the drink license, or valid wine distributor's license or to the division. Provided however, any distributor may sell any wine produced, manufactured, imported, or bought by such distributor, for use within this state, to a bona fide employee of such distributor. No distributor shall permit, for a consideration, wine to be consumed upon the premises of the distributor.

History:

[23-1311, added 1971, ch. 156, sec. 11, p. 760; am. 1973, ch. 144, sec. 5, p. 281; am. 1988, ch. 164, sec. 1, p. 295; am. 1991, ch. 137, sec. 7, p. 324; am. 2009, ch. 23, sec. 56, p. 69.]
Idaho Code § 23-211 — Idaho Code / Title 23 / Chapter 2 / Section 23-211
23-211 PERSONNEL NOT TO BE INTERESTED IN PRIVATE LIQUOR TRAFFIC.
Status: in_force

23-211. Personnel not to be interested in private liquor traffic. Neither the director nor any other officer or employee of the division shall, directly or indirectly, individually, or as a member of a partnership or as a shareholder in a corporation, have any private interest whatsoever in the business of manufacturing, transporting, distributing, or selling of alcoholic liquor; nor shall he receive any kind of profit whatsoever, or have any interest whatsoever in the purchases or sale by the persons herein authorized to purchase and sell alcoholic liquor, except that such provisions shall not prevent any such person from purchasing and keeping in his possession for the personal use of himself, his family, or his guests, of any liquor which may be lawfully purchased.

History:

[23-211, added 1939, ch. 222, sec. 501, p. 465; am. 1941, ch. 10, sec. 8, p. 20; am. 2009, ch. 23, sec. 12, p. 56; am. 2012, ch. 113, sec. 6, p. 313.]
Idaho Code § 23-1102 — Idaho Code / Title 23 / Chapter 11 / Section 23-1102
23-1102 DEFINITIONS.
Status: in_force

23-1102. Definitions. Whenever used in this chapter, the following words or phrases, or the plural thereof, unless the context clearly requires otherwise, shall have the meaning ascribed to them in this section:

(1) "Agreement" means any agreement between a distributor and a supplier, whether oral or written, whereby a distributor is granted the right to purchase a brand, or brands, of beer sold by a supplier and to resell such products within the state of Idaho.

(2) "Amend," "amendment," or "modify," means any alteration or change in the agreement, which causes a material change in the distributor's business or relationship with the supplier, and which alteration or change does not apply to all distributors in the state of Idaho who distribute supplier's products.

(3) "Ancillary business" means a business owned by a distributor, by a substantial stockholder of a distributor, or by a substantial partner of a distributor, the primary business of which is directly related to the transporting, storing or marketing of the supplier's products.

(4) "Designated member" means:

(a) The spouse, child, grandchild, parent, brother or sister of a deceased individual who owned an interest in a distributor;

(b) Any person who inherits an ownership interest in a distributor;

(c) The appointed and qualified personal representative or the testamentary trustee of a deceased individual owning an interest in a distributor;

(d) The person appointed by a court as the guardian or conservator of the property of an incapacitated individual owning an interest in a distributor; or

(e) A person who has succeeded to the deceased individual's ownership interest in the distributor pursuant to a written contract or instrument which has been previously approved, in writing, by a supplier.

(5) "Distributor" means a business entity, whether sole proprietorship, partnership, corporation, association, syndicate, or any other combination of persons, licensed by the state of Idaho to sell beer to retailers. The term "distributor" shall not include a brewery, brewery branch or subsidiary thereof, which is licensed by the state of Idaho and which license authorizes sales of beer to be made directly to a retailer, whether or not licensed as a distributor by the state of Idaho.

(6) "Good faith" means honesty in fact in the conduct or transaction involved and the observance of reasonable commercial standards of fair dealing in the trade, as such term and standards are defined in, and interpreted pursuant to, the uniform commercial code, title 28, Idaho Code.

(7) "Person" means any individual, partnership, corporation, association, syndicate, or any other combination of individuals or corporations.

(8) "Reasonable standards and/or qualifications" mean those criteria established and consistently applied by a supplier to distributors within the state of Idaho and similarly situated distributors in adjoining states who:

(a) Have entered into, continued or renewed an agreement with the supplier during a period of twenty-four (24) months prior to the proposed transfer of the distributor's business; or

(b) Have changed managers or successor managers during a period of twenty-four (24) months prior to the proposed change in manager or successor manager of the distributor.

(9) "Retaliatory action" includes the refusal to continue an agreement, or a material part thereof, or a material reduction in the quality of service or quantity of products available to a distributor under an agreement, which refusal or reduction is not made in good faith.

(10) "Similarly situated distributors in adjoining states" mean distributors in adjoining states having an agreement with the supplier who have reasonably comparable business, area and market characteristics to an Idaho distributor of supplier's products, which business, area and market characteristics may include, but are not limited to, the following: gross sales' volume concerning supplier's products, facilities, number of employees, business capitalization, market areas, considering the population and the demographics thereof, and the square miles of area served.

(11) "Substantial stockholder" or "substantial partner" means a person who owns an interest of ten percent (10%) or more of a distributor.

(12) "Supplier" means any person, either within or outside the state of Idaho, who enters into an agreement with a distributor for the sale of beer to such distributor with the intent that such products will be resold by the distributor to retailers within the state of Idaho. The term "supplier" shall also be deemed to include the successor in interest to a supplier's business generally, or with reference to a specific brand or brands, of beer. The term "supplier" shall not include any person who produces fewer than thirty thousand (30,000) barrels of beer annually and who is licensed by the state of Idaho for such purpose.

(13) "Transfer of distributor's business" or similar phrase, means the voluntary sale, assignment or other transfer of all or control of the business, or all or substantially all of the assets of the distributor, or all or control of the capital stock of the distributor, including without limitation the sale or other transfer of capital stock or assets by merger, consolidation or dissolution, or of the capital stock of the parent corporation, or of the capital stock or beneficial ownership of any other entity owning or controlling the distributor.

History:

[23-1102, added 1993, ch. 312, sec. 1, p. 1148.]
Idaho Code § 23-947 — Idaho Code / Title 23 / Chapter 9 / Section 23-947
23-947 VIOLATIONS OF ACT A MISDEMEANOR.
Status: in_force

23-947. Violations of act a misdemeanor. The violation of any of the provisions of this act shall constitute a misdemeanor.

History:

[23-947, added 1955, ch. 195, sec. 7, p. 420.]
Idaho Code § 23-214 — Idaho Code / Title 23 / Chapter 2 / Section 23-214
23-214 OFFICERS AND EMPLOYEES NOT PERSONALLY LIABLE.
Status: in_force

23-214. Officers and employees not personally liable. Neither the director nor any of the officers or employees of the division shall be liable for damages sustained by any person because of any act done in the performance of their respective duties under this act.

History:

[23-214, added 1939, ch. 222, sec. 504, p. 465; am. 1941, ch. 10, sec. 9, p. 20; am. 2009, ch. 23, sec. 14, p. 56; am. 2012, ch. 113, sec. 7, p. 313.]
Idaho Code § 23-916 — Idaho Code / Title 23 / Chapter 9 / Section 23-916
23-916 COUNTY AND CITY LICENSES.
Status: in_force

23-916. County and city licenses. In addition to the licensing and control herein provided for the retail sale of liquor by the drink, each county and incorporated city in the state of Idaho is hereby authorized and empowered to license the sale of liquor by the drink at retail within the corporate limits of such city. The respective local authorities may impose and collect license fees for the use and benefit of such city not to exceed seventy-five percent (75%) of the amount of the license fee collected by the director as herein provided and for the use and benefit of such county not to exceed twenty-five percent (25%) of the amount of the license fee collected by the director as herein provided. The governing authority of such city may provide further regulations for the control of such business, and the board of county commissioners of any county may fix the fee for, and may regulate and control the use of, any license issued for the sale of liquor by the drink at retail in any licensed premises not situate within the incorporated limits of any city, not in conflict with the provisions of this act.

History:

[23-916, added 1947, ch. 274, sec. 16, p. 870; am. 1957, ch. 151, sec. 3, p. 250; am. 1974, ch. 27, sec. 26, p. 811.]
Idaho Code § 23-1037 — Idaho Code / Title 23 / Chapter 10 / Section 23-1037
23-1037 DETERMINATION TO REVOKE, SUSPEND OR REFUSE RENEWAL OF LICENSE BY DIRECTOR — MONETARY PENALTY.
Status: in_force

23-1037. Determination to revoke, suspend or refuse renewal of license by director — Monetary penalty. (1) In the event of a conviction of any brewer manufacturing beer in this state or of any wholesaler or retailer licensed under the provisions of this chapter, of any law of the state of Idaho, or of the United States, regulating, governing or prohibiting the sale, manufacture, transportation or possession of alcoholic beverages or intoxicating liquor, or if the director shall determine that any such licensee has violated any of the provisions of this chapter or any regulation of the director promulgated under the authority of this chapter, the director may, in his discretion, and in addition to any other penalty imposed, determine to revoke the license of any such licensee, to suspend the same for a period not in excess of six (6) months, or to refuse to grant a renewal of such license after the date of its expiration.

(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 wine shall automatically result in the suspension of any license for the sale of beer 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 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:

[I.C., sec. 23-1037, as added by 1961, ch. 299, sec. 7, p. 543; am. 1974, ch. 27, sec. 52, p. 811; am. 1979, ch. 295, sec. 1, p. 778; am. 1981, ch. 199, sec. 2, p. 352; am. 1991, ch. 50, sec. 2, p. 92; am. 1993, ch. 347, sec. 2, p. 1291.]
Idaho Code § 23-1327 — Idaho Code / Title 23 / Chapter 13 / Section 23-1327
23-1327 SALE OF WINE IN ORIGINAL CONTAINER AND SIZE OF CONTAINERS.
Status: in_force

23-1327. Sale of wine in original container and size of containers. No distributor shall purchase, receive, or sell any wine except in the original container as prepared for the market by the importer or manufacturer. No importer or distributor shall, without permission of the director, adopt or use any container for wine that will contain in excess of fifteen (15) gallons of wine.

History:

[23-1327, added 1971, ch. 156, sec. 27, p. 760; am. 1974, ch. 27, sec. 71, p. 811; am. 2005, ch. 32, sec. 1, p. 147; am. 2013, ch. 142, sec. 1, p. 339.]
Idaho Code § 23-904 — Idaho Code / Title 23 / Chapter 9 / Section 23-904
23-904 LICENSE FEES.
Status: in_force

23-904. License fees. Each licensee licensed under the provisions of this act shall pay an annual license fee to the director as follows:

(1) For each license in a city of one thousand (1,000) population or less, three hundred dollars ($300) per annum.

(2) For each license in a city of from one thousand (1,000) to three thousand (3,000) population, five hundred dollars ($500) per annum.

(3) For each license in a city having a population of more than three thousand (3,000), seven hundred fifty dollars ($750) per annum.

(4) For each railroad train for sale only in buffet, club or dining cars, fifty dollars ($50.00) per annum of the scheduled run of such train within the state of Idaho; provided, that such license shall be in full, and in lieu of all other licenses herein provided for.

(5) For each common carrier boat line for sale only in buffet, club dining rooms, two hundred fifty dollars ($250) per annum. Such license shall be in full, and in lieu of all other licenses herein provided for.

(6) For each license issued to the owner, operator, or lessee of a golf course as described in section 23-903, Idaho Code, or to the lessee of any premises situate on such golf course, situate in any county having a population of:

(a) Less than twenty thousand (20,000), two hundred dollars ($200) per annum;

(b) Twenty thousand (20,000) but less than forty thousand (40,000), three hundred dollars ($300) per annum; and

(c) Forty thousand (40,000) or more, four hundred dollars ($400) per annum.

(7) For each common carrier airline for sale only in common carrier aircraft, two hundred fifty dollars ($250) per annum. Such license shall be in full, and in lieu of all other licenses herein provided for.

(8) For each license issued to the owner, operator, or lessee of a restaurant operated on an airport, as described in section 23-903, Idaho Code, situate within the corporate limits of a city, the fee shall be the same as provided in paragraphs (1) through (3), inclusive, of this section.

(9) For each license issued to the owner, operator, or lessee of a restaurant operated on an airport, as described in section 23-903, Idaho Code, situate without the corporate limits of a city, the fee shall be the same as provided in paragraph (6) of this section. Licenses issued under and pursuant to the provisions of this act shall expire at 1:00 o'clock a.m. on the first day of January of the following year.

(10) For each license issued to an owner or operator of a year-round resort as described in section 23-957, Idaho Code, a one (1) time fee of twenty-five thousand dollars ($25,000), with a subsequent renewal fee of three thousand five hundred dollars ($3,500) per annum. For each license issued to an owner or operator of a beverage, lodging or dining facility within the premises of a year-round resort as described in section 23-957, Idaho Code, a one (1) time fee of twenty-five thousand dollars ($25,000) with a subsequent renewal fee of three thousand five hundred dollars ($3,500) per annum. For each license issued to a lessee of a beverage, lodging or dining facility within the premises of the year-round resort as described in section 23-957, Idaho Code, a one (1) time fee of twenty-five thousand dollars ($25,000) with a subsequent renewal fee of three thousand five hundred dollars ($3,500) per annum.

Provided that any licensee who operates for only a portion of a year may have his license fee prorated from the date he commences operation to the end of the calendar year, but in no event for less than six (6) months.

In the event a licensee who was previously issued a license on a prorated basis under the provisions hereof desires to have such license renewed for the same period for the next succeeding year, he shall file his intention to so apply for such license with the director, accompanied by the fee required for the issuance of such license on or before December 31 of the year preceding.

The license fees herein provided for are exclusive of and in addition to other license fees chargeable in the state of Idaho.

The basis upon which respective populations of municipalities shall be determined is the last preceding census or any subsequent special census conducted by the United States bureau of the census, unless a direct enumeration of the inhabitants thereof be made by the state of Idaho, in which case such later direct enumeration shall constitute such basis.

History:

[23-904, added 1947, ch. 274, sec. 4, p. 870; am. 1949, ch. 277, sec. 1, p. 567; am. 1953, ch. 125, sec. 1, p. 196; am. 1957, ch. 151, sec. 2, p. 250; am. 1959, ch. 118, sec. 2, p. 254; am. 1963, ch. 423, sec. 1, p. 1098; am. 1965, ch. 35, sec. 2, p. 52; am. 1967, ch. 143, sec. 1, p. 326; am. 1967, ch. 417, sec. 1, p. 1227; am. 1974, ch. 27, sec. 20, p. 811; am. 1991, ch. 137, sec. 2, p. 320; am. 2006, ch. 449, sec. 1, p. 1333; am. 2008, ch. 178, sec. 1, p. 529.]
Idaho Code § 23-1027 — Idaho Code / Title 23 / Chapter 10 / Section 23-1027
23-1027 CERTIFICATE OF APPROVAL REQUIRED OF MANUFACTURER.
Status: in_force

23-1027. Certificate of approval required of manufacturer. It shall be unlawful for any person licensed under the provisions of this act, to purchase, import, transport or cause to be transported into or within the state of Idaho any beer for resale therein, unless prior thereto a certificate of approval shall have been issued by the director to the manufacturer of such beer. The certificate of approval herein required shall be issued to a manufacturer of beer upon application therefor provided the manufacturer shall have first agreed in writing with the director as follows:

(a) to furnish to the director, on or before the 15th day of each month, a written report under oath on a form to be prescribed by the director showing the quantity of beer sold, delivered or shipped to each wholesaler or dealer of beer licensed in this state for resale in this state; and

(b) that such manufacturer and every person employed by it or acting as its agents (other than wholesalers and dealers licensed in this state) will faithfully comply with and observe all the provisions of the laws of the state of Idaho relating to beer and all rules and regulations adopted by the director pursuant to such laws.

If, after obtaining such certificate, any such manufacturer shall fail to submit such report, or, if it, or any such person employed by it or acting as its agent, shall violate the terms of such agreement, the director may determine to revoke or suspend such certificate by reason thereof. The procedure for giving notice of such determination and for proceedings to contest determination as provided for in sections 23-1037 through 23-1045, Idaho Code, shall govern insofar as they may be applicable. The district court of Ada County shall have jurisdiction of any such proceedings to contest the director's determination.

History:

[I.C., sec. 23-1027, as added by 1961, ch. 299, sec. 5, p. 543; am. 1974, ch. 27, sec. 48, p. 811.]
Idaho Code § 23-516 — Idaho Code / Title 23 / Chapter 5 / Section 23-516
23-516 AUTOMATIC VOIDING OF PERMITS.
Status: in_force

23-516. Automatic voiding of permits. Whenever a permittee has been convicted by any court of any violation of the provisions of this act or of any crime in which the handling or use of intoxicating liquor was a contributing factor, such conviction ipso facto shall operate to void the permit of such person so convicted and any and all privileges thereunder.

History:

[23-516, added 1939, ch. 222, sec. 816, p. 465.]
Idaho Code § 23-928 — Idaho Code / Title 23 / Chapter 9 / Section 23-928
23-928 SALE AWAY FROM LICENSED PREMISES PROHIBITED — GAMBLING PROHIBITED.
Status: in_force

23-928. Sale away from licensed premises prohibited — Gambling prohibited. (1) It shall be unlawful for any licensee to sell, give away, dispense, vend, or deliver any liquor in any fashion or by means or device, except upon the licensed premises.

(2) It shall be unlawful for any licensee granted a license under the authority of title 23, Idaho Code, to permit, conduct, play, carry on, open or cause to be opened any gaming in or upon the licensed premises or in or upon any premises directly connected by a door, hallway, or other means of access from the licensed premises. Any licensee authorized under the authority of this title and who is also authorized by other Idaho law to conduct the lawful activities of lottery, bingo, raffles, and pari-mutuel betting on the licensed premises shall be exempt from the provisions of this subsection as long as the lawful activities are conducted in conformity with statute and rules promulgated pursuant thereto.

History:

[23-928, added 1947, ch. 274, sec. 26, p. 870; am. 1997, ch. 343, sec. 1, p. 1027.]
Idaho Code § 23-805 — Idaho Code / Title 23 / Chapter 8 / Section 23-805
23-805 DUTIES OF PROSECUTING ATTORNEYS, SHERIFFS, AND OTHER OFFICERS.
Status: in_force

23-805. Duties of prosecuting attorneys, sheriffs, and other officers. It shall be the duty of the director of the division and every prosecuting attorney, sheriff, police or other peace officer to cooperate with the Idaho state police in the enforcement of such laws, and any such officer refusing to so cooperate or divulge any information he may have in any such prosecution shall be subject to action against him as provided in chapter 41, title 19, Idaho Code. Any such action may be brought in the name of the state of Idaho by any resident of the county, or officer of the state or county. Upon the conviction of a person for a violation of the provisions of the Idaho liquor act, or of the provisions of chapter 9, title 23, Idaho Code, the judge of the court imposing the judgment of conviction shall immediately send to the director of the Idaho state police a statement setting forth the title of the court, the name and residence of the defendants, the nature of the offense and the fine and sentence or judgment imposed.

History:

[23-805, added 1939, ch. 222, sec. 1105, as added by 1943, ch. 175, sec. 2, p. 369; am. 1950, (E.S.), ch. 14, sec. 1, p. 25; am. 1974, ch. 27, sec. 14, p. 811; am. 1999, ch. 103, sec. 2, p. 327; am. 2000, ch. 469, sec. 59, p. 1509; am. 2009, ch. 23, sec. 52, p. 66.]
Idaho Code § 23-202 — Idaho Code / Title 23 / Chapter 2 / Section 23-202
23-202 PRINCIPAL PLACE OF BUSINESS.
Status: in_force

23-202. Principal place of business. The principal place of business of the division shall be in Ada county.

History:

[23-202, added 1939, ch. 222, sec. 202, p. 465; am. 2001, ch. 183, sec. 6, p. 617; am. 2009, ch. 23, sec. 4, p. 54.]
Idaho Code § 23-942 — Idaho Code / Title 23 / Chapter 9 / Section 23-942
23-942 DEFINITIONS.
Status: in_force

23-942. Definitions. The following definitions shall apply in the interpretation of the enforcement of this act:

(a) "Licensee" shall mean any person licensed to sell liquor by the drink at retail pursuant to the provisions of chapter 9, title 23, Idaho Code, and any person licensed to sell beer for consumption on the premises where sold pursuant to the provisions of chapter 10, title 23, Idaho Code, or county or municipal ordinance.

(b) "Place," as used in this act, means any room of any premises licensed for the sale of liquor by the drink at retail wherein there is a bar and liquor, bar supplies and equipment are kept and where beverages containing alcoholic liquor are prepared or mixed and served for consumption therein, and any room of any premises licensed for the sale of beer for consumption on the premises wherein there is a bar and beer, bar supplies and equipment are kept and where beer is drawn or poured and served for consumption therein.

(c) "Restaurant," as used in this act, means any restaurant, cafe, hotel dining room, coffee shop, cafeteria, railroad dining car or other eating establishment having kitchen and cooking facilities for the preparation of food and where hot meals are regularly served to the public.

History:

[23-942, added 1955, ch. 195, sec. 2, p. 420.]
Idaho Code § 23-1057 — Idaho Code / Title 23 / Chapter 10 / Section 23-1057
23-1057 CONTRACT BREWING.
Status: in_force

23-1057. contract brewing. (1) A contractee brewer may enter into a contractual relationship with a contractor brewer to contractually produce beer for the contractee brewer to the extent allowed by federal law.

(2) Both the contractee brewer and the contractor brewer shall be separately licensed and separately owned. Beer brewed for a contractee brewer shall count toward the contractee brewer's annual barrels produced, and such beer shall not count toward the contractor brewer's annual barrels produced. Each brewer shall be separately and distinctly responsible for compliance with the provisions of this chapter.

History:

[23-1057, added 2019, ch. 214, sec. 2, p. 652.]
Idaho Code § 23-903 — Idaho Code / Title 23 / Chapter 9 / Section 23-903
23-903 LICENSE TO RETAIL LIQUOR.
Status: in_force

23-903. License to retail liquor. (1) The director of the Idaho state police is hereby empowered, authorized, and directed to issue licenses to qualified applicants, as provided in this chapter, whereby the licensee shall be authorized and permitted to sell liquor by the drink at retail, and, upon the issuance of such license, the licensee shall be authorized to sell liquor at retail by the drink, but only in accordance with the rules promulgated by the director and the provisions of this chapter. No license shall be issued for the sale of liquor on any premises outside the incorporated limits of any city except as provided in this chapter, and the number of licenses so issued for any city shall not exceed one (1) license for each one thousand five hundred (1,500) of population of said city or fraction thereof, as established in the last preceding census, or any subsequent special census conducted by the United States census bureau or by an estimate that is statistically valid including adding the number of new residential utility connections or including adding the population of areas annexed into the city after the last census or special census was conducted, except that upon proper application thereof not more than two (2) licenses may be issued for each incorporated city with a population of one thousand five hundred (1,500) or less, unless the retail licensing of liquor by the drink has been previously disapproved under the provisions of sections 23-917, 23-918, 23-919, 23-920 and 23-921, Idaho Code; provided however, that any license heretofore issued may be renewed from year to year without regard to the population or status of the city for which such license is issued. Any license issued that has remained in effect at its location for a consecutive period of ten (10) years or more shall be deemed to have been validly issued and may be renewed from year to year, provided that the applicant for the renewal of such license is not otherwise disqualified for licensure pursuant to section 23-910, Idaho Code, and, if the premises required special characteristics for original licensure, other than being either within or without the incorporated limits of a city, that said premises continue to have such special characteristics at the time of the application for renewal.

(2) Nothing in this chapter shall prohibit the issuance of a license to the owner, operator, or lessee of an actual bona fide golf course whether located within or without the limits of any city, or located on premises also operated as a winery or ski resort, or to the lessee of any premises situate thereon, whether located within or without the limits of any city. For the purpose of this section, a golf course shall comprise an actual bona fide golf course, which is regularly used for the playing of the game of golf, having not less than nine (9) tees, fairways, and greens laid out and used in the usual and regular manner of a golf course. Nine (9) hole courses must have a total yardage of at least one thousand (1,000) yards, and eighteen (18) hole courses must have a total yardage of at least two thousand (2,000) yards as measured by totaling the tee-to-green distance of all holes. The course must be planted in grass except that it may provide artificial tee mats. Where any such golf course is owned or leased by an association of members and is used or enjoyed by such members or their guests, none of the disqualifications contained in section 23-910, Idaho Code, shall apply to such association as a licensee where such disqualifications, or any of them, would apply only to a member of such association where such member has no interest therein except as a member thereof. Provided, a building that is located on a lake of not less than one hundred sixty (160) acres with not less than two hundred (200) feet of lake frontage, owned or leased and operated exclusively by an actual bona fide golf course licensed for the sale of liquor by the drink, as otherwise defined in this subsection, located not more than five tenths (.5) of a mile from the golf course exterior boundaries, and accessible by that golf course by private or public roadway or right-of-way shall be deemed part of and contiguous to the licensed golf course premises for purposes of the sale of liquor by the drink upon such premises.

(3) For purposes of this section, a ski resort shall comprise real property of not less than ten (10) acres in size, exclusive of the terrain used for skiing and upon which the owner, operator, or lessee of the ski resort has made available himself or through others, including but not limited to the owners of condominiums, permanent bona fide overnight accommodations available to the general public for one hundred (100) persons or more, and which real property is contiguous to or located within the area in which skiing occurs and is regularly operated as a ski resort in the wintertime where the owner, operator, or lessee of the ski resort is also the owner, operator, or lessee of the area served by a bona fide chair ski lift facility or facilities. Alternatively, for the purpose of this section, a ski resort may also be defined as a downhill ski area, open to the public, comprising real property of not less than two hundred fifty (250) skiable acres, operating two (2) or more chairlifts with a vertical lift of one thousand (1,000) feet or more, and capable of transporting a minimum of one thousand eight hundred (1,800) skiers per hour. A ski resort qualifying under this definition shall also have on the premises a lodge facility providing shelter and food service to the public, the operator of which shall also be the valid owner or lessee of the grounds and facilities upon which the ski resort offers downhill skiing services to the public. The fees for licenses granted to ski resorts shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code. Not more than one (1) licensed premises shall be permitted on any golf course or any ski resort or within the area comprising the same.

(4) Nothing in this chapter shall prohibit the issuance of a license to the owner, operator, or lessee of an actual bona fide equestrian facility located on not less than forty (40) contiguous acres, with permanently erected seating of not less than six thousand (6,000) seats, no part of which equestrian facility or the premises thereon is situate within the incorporated limits of any city, and which facility shall have at least three (3) days per year of a professionally sanctioned rodeo. Not more than one (1) licensed premises shall be permitted at any equestrian facility or within an area comprising such a facility. The fees for licenses granted to equestrian facilities shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code.

(5) Nothing in this chapter shall prohibit the issuance of a license to the owner, operator, or lessee of a restaurant operated on an airport owned or operated by a county or municipal corporation or on an airport owned or operated jointly by a county and municipal corporation, and which said airport is served by a trunk or local service air carrier holding a certificate of public convenience and necessity issued by the civil aeronautics board of the United States of America. Not more than one (1) license shall be issued on any airport.

(6) Nothing in this chapter shall prohibit the issuance of one (1) club license to a club as defined in section 23-902, Idaho Code. The holder of a club license is authorized to sell and serve alcoholic beverages for consumption only within the licensed establishment owned, leased, or occupied by the club and only to bona fide members of the club and to bona fide members' guests. A club license issued pursuant to the provisions of this section is not transferable and may not be sold. Any club license issued pursuant to the provisions of this section will revert to the director when, in his judgment, the licensee ceases to operate as a bona fide club as defined in section 23-902, Idaho Code. No club may hold a liquor license and a club license simultaneously. A club that on July 1, 1983, holds a liquor license may continue to possess that license. Any club that possesses a liquor license on January 1, 1983, or thereafter, and then sells that liquor license, may not obtain a club license, and the director shall not issue a club license to that club for a period of five (5) years following such sale. The fee for any license issued to a qualifying club within an incorporated municipality shall be as prescribed in subsections (1), (2) and (3) of section 23-904, Idaho Code. The fee for any license issued to a qualifying club not situate within an incorporated municipality shall be as specified for golf courses under section 23-904(6), Idaho Code. The provisions of section 23-916, Idaho Code, regarding county and city licenses shall pertain to club licenses. The burden of producing sufficient documentation of qualifications for club licensure shall be with the club applicant.

(7) Nothing in this chapter to the contrary shall prohibit the issuance of a license to the owner, operator, or lessee of an actual bona fide convention center that is within the incorporated limits of a city having a population of three thousand (3,000) or greater, and which city does not have located therein a convention center with a valid convention center license to sell liquor by the drink. For the purpose of this section, a convention center means a facility having at least thirty-five thousand (35,000) square feet of floor space or a facility having at least one hundred twenty (120) sleeping rooms and an adjoining meeting room that will accommodate not less than three hundred fifty (350) persons, whether or not such room may be partitioned into smaller rooms, and provided that such meeting room shall contain at least three thousand (3,000) square feet of floor space. Such license must be placed in actual use in said convention center within one (1) year from the date of its issuance. The fee for any license issued to a qualifying convention center shall be as prescribed in subsection (3) of section 23-904, Idaho Code. The holder of a convention center license shall not be eligible for the issuance of a license in the same city pursuant to any other provision of this chapter. For purposes of this section, the term "holder" shall include an owner, operator, or lessee and shall include a stockholder, director, or officer of a corporation or a partner in a partnership, which corporation or partnership has been issued a convention center license pursuant to this chapter. Not more than one (1) licensed premises shall be permitted on any convention center or within the area comprising the same, including convention centers that also comprise golf courses or ski resorts as defined in this section.

(8) If an owner, operator, or lessee has a validly issued retail liquor by the drink license at the time of application, nothing in this chapter shall prohibit the issuance of a license to the owner, operator, or lessee of a food, beverage, and/or lodging facility that has been in continuous operation in the same location for at least seventy-five (75) years, except for temporary closings for refurbishing or reconstruction, or a food, beverage, and lodging facility serving the public by reservation only, having a minimum of five (5) rooms operating in a structure that has been in existence for at least seventy-five (75) years and has been on the historic register for a minimum of ten (10) years, is situated within five hundred (500) yards of a natural lake containing a minimum of thirty-six thousand (36,000) acre feet of water when full with a minimum of thirty-two (32) miles of shoreline, and is located in a county with a minimum population of sixty-five thousand (65,000). The provisions of section 23-910, Idaho Code, shall apply to licenses issued to continuous operation facilities. The fees shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code. No license shall be issued under this subsection on or after July 1, 2028.

(9) Nothing in this chapter shall prohibit the issuance of a license to a federally recognized Indian tribe as defined in section 67-4001, Idaho Code, which is an owner, operator, or lessee of a food, conference, and lodging facility located within the boundaries of the Indian tribe's reservation and containing a minimum of thirty-five thousand (35,000) square feet and fifty (50) guest rooms. Licenses issued to Indian tribes are not transferable.

(10) Nothing in this chapter shall prohibit the issuance of a license to the owner, operator, or lessee of the lodging, dining, and entertainment facilities owned by a gondola resort complex and operated in conjunction with the other public services provided by a gondola resort complex located within the ownership/leasehold boundaries of a gondola resort complex. For purposes of this subsection, a gondola resort complex means an actual bona fide gondola capable of transporting people for recreational or entertainment purposes at least three (3) miles in length with a vertical rise of three thousand (3,000) feet, portions of which may be located within or over the limits of one (1) or more cities.

(11) Nothing in this chapter shall prohibit the issuance of a license to the owner, operator, or lessee of a winery also operating a golf course on the premises.

(12) Subject to approval of the mayor and city council, nothing in this chapter shall prohibit the issuance of a license to the owner, operator, or lessee of a food, conference, and lodging facility constructed after May 1, 2000, containing a minimum of thirty-five thousand (35,000) square feet and fifty-five (55) guest rooms with a minimum taxable value of three million dollars ($3,000,000) in a city with a population of less than five thousand (5,000) according to the most recent census.

(13) Nothing in this chapter shall prohibit the issuance of a license to the owner, operator, or lessee of a conference and event center that is within the city limits of a resort city as defined in section 50-1044, Idaho Code, that has enacted local option nonproperty taxes in accordance with section 50-1046, Idaho Code, including, at the time of issuance, a resort city tax on sales of liquor by the drink, wine, and beer sold at retail for consumption on the licensed premises. There shall be only one (1) conference and event center license to sell liquor by the drink issued per resort city pursuant to this subsection. For the purposes of this section, a conference and event center means facilities situated on premises consisting of a building or buildings and the contiguous property owned or leased and under common ownership or control by the licensee. Such facilities must provide no less than four thousand (4,000) square feet of enclosed space for conference and event purposes, exclusive of space dedicated by the licensee to the commercial kitchen. The commercial kitchen must include a type 1 commercial hood and cooking equipment, exclusive of microwave ovens and grills. The fee for any license issued to a qualifying licensee shall be as prescribed in section 23-904(1), (2), or (3), Idaho Code, depending on the population of the resort city in which the conference and event center is located and as prescribed in section 23-916, Idaho Code. A license issued pursuant to this subsection may be renewed without regard to the population or status of the city for which the license was issued and without regard for the continuation of local option nonproperty taxes by the city, provided the applicant for renewal is not otherwise disqualified from licensure pursuant to section 23-910, Idaho Code. Not more than one (1) license shall be issued to a conference and event center. A conference and event center license shall not be transferable and may not be sold. For the purpose of issuance and maintenance of a license under this subsection, such facilities may serve liquor only while such facilities are hosting a conference or event. Nothing in this subsection shall excuse a conference and event center from complying with actual use standards in title 23, Idaho Code, or administrative rules promulgated pursuant to statutory authority granted under this title.

(14) Nothing in this chapter shall prohibit the issuance of a license to the owner, operator, or lessee of an actual, bona fide distillery. A license issued pursuant to this subsection shall authorize the sale of liquor explicitly from brands that are owned by the distillery. The fees for a license issued pursuant to this subsection shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code. As used in this section, "bona fide distillery" means a legally authorized premises that manufactures and bottles liquor and is located on no less than five (5) acres of agricultural zoned property in an unincorporated area of Idaho.

(15) The provisions of section 23-910, Idaho Code, shall apply to licenses issued under the provisions of this section. The fees shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code. Except for licenses issued pursuant to subsection (1) of this section, licenses issued under the provisions of this section are not transferable to any other location, facility, or premises.

(16) A license issued pursuant to subsection (1) of this section on or after July 1, 2023:

(a) May not be transferred to another licensee except as provided in subsections (17)(a), (b), and (c) and subsection (19) of this section or section 23-950, Idaho Code, provided that the licensee must elect to associate such license with the real property at the time of the initial license issuance; and

(b) Shall not qualify for the discount established in section 23-217(2), Idaho Code.

(17) A license issued pursuant to subsection (1) of this section prior to July 1, 2023, may be transferred to another licensee one (1) time only on or after July 1, 2023, and shall thereafter be nontransferable. Prior to such onetime-only transfer, the licensee shall be entitled to the discount established in section 23-217(2), Idaho Code. After any onetime-only transfer, the licensee placing the license in actual use shall not be entitled to such discount. For purposes of this subsection only, the following circumstances shall not qualify as a onetime-only transfer:

(a) The license is inherited or otherwise acquired through a will, trust, or other estate-planning document;

(b) The license is given to a person by the person's parent, grandparent, child, grandchild, sibling, aunt, uncle, or first cousin without consideration or remuneration;

(c) To the extent not already included in paragraphs (a) and (b) of this subsection, any of the events listed in section 23-908(5)(a) through (e), Idaho Code;

(d) The sale of the business assets of an entity or individual licensee, including the transfer of an associated license placed in actual use, either owned or leased prior to July 1, 2023, to a qualified applicant, provided that:

(i) The transferring licensee has occupied its location, facility, or premises at the time of sale for at least one (1) year prior to the sale of business assets; and

(ii) The qualified new licensee operates at the same location, facility, or premises for one (1) year following the sale of assets and transfer of the associated liquor license placed in actual use. Any sale that does not conform to the provisions of this paragraph shall be considered a onetime-only transfer of the license pursuant to this subsection;

(e) The sale or transfer of some or all of the ownership interests of an entity licensee to a qualified applicant provided that:

(i) The entity licensee has occupied its location, facility, or premises at the time of sale for at least one (1) year prior to the sale and transfer of the ownership interests; and

(ii) The existing entity licensee operates at the same location, facility, or premises for one (1) year following the closing of the sale or transfer of the ownership interests. Any sale that does not conform to the provisions of this paragraph shall be considered a onetime-only transfer of the license pursuant to this subsection;

(f) The licensee owns, operates, or leases more than one (1) business or entity and transfers the license from one business or entity to another owned, operated, or leased by such licensee;

(g) A transfer pursuant to subsection (19) of this section; or

(h) A transfer pursuant to section 23-950, Idaho Code.

(18) If a license that was issued pursuant to subsection (1) of this section was under lease before July 1, 2023, then such lease may continue pursuant to its own terms and may be amended or renewed, or such lease may be assigned to a purchaser pursuant to subsection (17)(d) or (e) of this section. At the end of the term of such lease, the license shall revert to the license owner's possession, and the license owner may opt for one (1) of the following alternatives:

(a) The owner may transfer the license pursuant to the provisions of subsection (17) of this section, including a onetime-only transfer under an installment contract wherein such contract shall not exceed a term of five (5) years;

(b) The owner may retain the license and apply to become the actual user of the license, which retention and use shall be exempt from the onetime-only transfer pursuant to subsection (17) of this section;

(c) The owner may proceed under subsections (17)(a) through (g) of this section; or

(d) If the owner of the license is also the owner of an estate in real property, the owner may proceed under subsection (19) of this section.

(19)(a) An entity or person who owns a license issued pursuant to subsection (1) of this section and holds, in whole or in part, an estate in real property that is leased to a tenant pursuant to a written lease may permit such tenant to operate the license at the leased premises during the term of the premises lease, provided that the license shall identify on the face of the license the name of the license owner, the name of the premises tenant as the qualified licensee who places the licenses in actual use, and the location of the associated licensed premises.

(b) The license owner may permit a subsequent tenant under a new premises lease to place the license into actual use upon termination of the prior premises lease as provided in this subsection.

(c) A license operated pursuant to this subsection may be transferred to any third-party purchaser of the licensed premises where the license is placed in actual use at the time of such transfer.

(d) The onetime-only transfer of the license under subsection (17) of this section shall no longer be available to the license owner once placed in use under this subsection, but the license owner may thereafter proceed under subsections (17)(a) through (g) or subsection (18) of this section or under this subsection.

(e) The license owner shall be jointly responsible with the tenant to the director for all renewals, filings, payment of fees, and administrative actions taken with respect to the license.

(20) If the director maintains a priority list of the applicants for a license to be issued pursuant to subsection (1) of this section and an applicant receives notice in writing from the director that a license is available, the applicant may elect to have the license issued in the name of:

(a) The original applicant;

(b) Persons as set forth in subsection (17)(a) through (c) of this section as its designee; or

(c) A single purpose entity owned only by the original applicant or any party set forth in subsection (17)(a) through (c) of this section or such combination of the original applicant or a party set forth in subsection (17)(a) through (c) of this section.

History:

[23-903, added 1947, ch. 274, sec. 3, p. 870; am. 1957, ch. 151, sec. 1, p. 250; am. 1959, ch. 118, sec. 1, p. 254; am. 1963, ch. 215, sec. 1, p. 622; am. 1965, ch. 35, sec. 1, p. 52; am. 1972, ch. 34, sec. 1, p. 52; am. 1974, ch. 27, sec. 18, p. 811, am. 1978, ch. 126, sec. 2, p. 285; am. 1983, ch. 167, sec. 1, p. 473; am. 1983, ch. 203, sec. 2, p. 553; am. 1984, ch. 244, sec. 1, p. 591; am. 1989, ch. 164, sec. 1, p. 411; am. 1989, ch. 207, sec. 1, p. 507; am. 1989, ch. 301, sec. 1, p. 749; am. 1990, ch. 252, sec. 1, p. 722; am. 1990, ch. 255, sec. 1, p. 729; am. 1990, ch. 392, sec. 1, p. 1098; am. 1992, ch. 233, sec. 1, p. 697; am. 1993, ch. 240, sec. 1, p. 846; am. 1995, ch. 358, sec. 1, p. 1215; am. 1996, ch. 349, sec. 1, p. 1168; am. 1997, ch. 263, sec. 1, p. 749; am. 2000, ch. 469, sec. 63, p. 1512; am. 2004, ch. 44, sec. 1, p. 165; am. 2006, ch. 449, sec. 3, p. 1335; am. 2008, ch. 335, sec. 1, p. 920; am. 2008, ch. 405, sec. 1, p. 1110; am. 2013, ch. 167, sec. 1, p. 382; am. 2013, ch. 278, sec. 1, p. 718; am. 2015, ch. 333, sec. 1, p. 1260; am. 2023, ch. 100, sec. 1, p. 296; am. 2023, ch. 201, sec. 1, p. 559; am. 2024, ch. 295, sec. 1, p. 996; am. 2026, ch. 137, sec. 1, p. 649.]
Idaho Code § 23-1309A — Idaho Code / Title 23 / Chapter 13 / Section 23-1309A
23-1309A SHIPMENT AND RECEIPT OF WINE AUTHORIZED — LABELING REQUIREMENT.
Status: in_force

23-1309A. Shipment and receipt of wine authorized — Labeling requirement. (1) Notwithstanding any other provision of law, rule or regulation to the contrary, any holder of a winery license under section 23-1306, Idaho Code, or any person holding a license to manufacture wine in another state who obtains a wine direct shipper permit pursuant to this section may sell and ship up to twenty-four (24) nine-liter cases of wine annually directly to a resident of Idaho, who is at least twenty-one (21) years of age, for the resident's personal use and not for resale.

(2) Before sending any shipment to a resident of Idaho, the wine direct shipper permit holder must:

(a) File an application with the director;

(b) Pay a fifty dollar ($50.00) annual registration fee if the winery is not currently licensed by the director;

(c) Provide the director its Idaho winery license number or a true copy of its current alcoholic beverage license issued by another state;

(d) Obtain from the director a wine direct shipper permit;

(e) Register with the state tax commission for the payment of sales and use taxes and excise taxes on wine sold to residents of Idaho under the wine direct shipper permit.

(3) A wine direct shipper permit authorizes the permit holder to do all of the following:

(a) Sell and ship not more than twenty-four (24) nine-liter cases of wine annually to any person twenty-one (21) years of age or older for his or her personal use and not for resale;

(b) Ship wine directly to a resident in this state only in compliance with subsections (8) and (9) of this section;

(c) Report to the director, no later than January 31 of each year, the total amount of wine shipped during the preceding calendar year under the wine direct shipper permit;

(d) If the permit holder is located outside this state, pay to the state tax commission all sales and use taxes, and excise taxes on sales to residents of Idaho under the wine direct shipper permit. For excise tax purposes, all wine sold pursuant to a direct shipper permit shall be deemed to be wine sold in this state;

(e) Permit the director and the state tax commission to perform an audit of the wine direct shipper permit holder's records upon request;

(f) Be deemed to have consented to the jurisdiction of the alcohol beverage control division of the Idaho state police, or any other state agency and the Idaho courts concerning enforcement of this section and any related laws, rules or regulations.

(4) A wine direct shipper permit holder located outside the state may annually renew its permit with the director by paying a twenty-five dollar ($25.00) renewal fee and providing the director a true copy of its current alcoholic beverage license issued in another state. A wine direct shipper permit holder located in Idaho shall renew its wine direct shipper permit in conjunction with its license to manufacture wine. All registration fees and renewal fees shall be shared equally by the state police and the state tax commission.

(5) The director may enforce the requirements of this section by administrative proceedings or suspend or revoke a wine direct shipper permit, and the director may accept payment of an offer in compromise in lieu of suspension, such payments to be determined by rule promulgated by the director.

(6) Sales and shipments of wine directly to consumers in Idaho from wine manufacturers in Idaho or in another state who do not possess a current wine direct shipper permit are prohibited. Any person who knowingly makes such a shipment is guilty of a misdemeanor.

(7) A licensee who holds a license for the retail sale of wine for consumption off the licensed premises may ship not more than two (2) cases of wine, containing not more than nine (9) liters per case, per shipment, for personal use and not for resale, directly to a resident of another state if the state to which the wine is sent allows residents of this state to receive wine sent from that state without payment of additional state tax, fees or charges. The sale shall be considered to have occurred in this state.

(8) The shipping container of any wine shipped under this section must be clearly labeled to indicate that the container contains alcoholic beverages and cannot be delivered to a person who is not at least twenty-one (21) years of age.

(9) For wine shipped under this section to an Idaho resident, the delivery person shall:

(a) Have the person who receives the wine shipment sign for it; and

(b) Not make deliveries to anyone who is under twenty-one (21) years of age or to anyone who is visibly intoxicated; and

(c) Keep the signature record for one (1) year.

(10) Sales authorized under this section are sales made by a retailer who is not authorized to sell at wholesale or sales by a winery of wine produced or bottled by the winery.

(11) The director and the state tax commission may promulgate rules to effectuate the purposes of this section and are authorized to exchange necessary information to implement the provisions of this section.

History:

[23-1309A, added 1992, ch. 236, sec. 1, p. 704; am. 2006, ch. 29, sec. 1, p. 89.]
Idaho Code § 23-408 — Idaho Code / Title 23 / Chapter 4 / Section 23-408
23-408 SUBSTANCE ABUSE TREATMENT FUND.
Status: in_force

23-408. Substance abuse treatment fund. There is hereby created in the state treasury, the substance abuse treatment fund. Moneys remitted to the substance abuse treatment fund by the division and from the tax on beer and wine are intended to be utilized for substance abuse treatment services at both the state and local levels. Moneys in the fund may be expended pursuant to appropriation and are intended to assist state government and local units of government in providing affordable, accessible substance abuse treatment services, including crisis intervention and detoxification services, inpatient and outpatient treatment services, and recovery support services for all Idaho residents. The state treasurer is authorized to invest all idle moneys in the fund and the interest earned on such investment shall be returned to the fund.

History:

[23-408, added 2007, ch. 141, sec. 2, p. 409; am. 2009, ch. 23, sec. 34, p. 63.]
Idaho Code § 23-1008 — Idaho Code / Title 23 / Chapter 10 / Section 23-1008
23-1008 TAX — DISTRIBUTION — RULES — REPORTS.
Status: in_force

23-1008. Tax — Distribution — Rules — Reports. (1) A tax of four dollars and sixty-five cents ($4.65) per barrel of thirty-one (31) gallons, and a like rate for any other quantity or fraction thereof, is hereby levied and imposed on each and every barrel of beer containing not more than five percent (5%) of alcohol by volume sold for use within the state of Idaho. A tax of thirteen dollars and ninety-five cents ($13.95) per barrel of thirty-one (31) gallons, and a like rate for any other quantity or fraction thereof, is hereby levied and imposed on each and every barrel of beer containing more than five percent (5%) of alcohol by volume.

Any wholesaler who shall sell beer, upon which the tax herein imposed has not been paid, and any person who shall purchase, receive, transport, store or sell any beer upon which the tax herein imposed has not been paid shall be guilty of a misdemeanor, and any beer so purchased, received, transported, stored or possessed or sold shall be subject to seizure by the commission, any inspector or investigator of the commission, or by any sheriff, constable or other police officer, and the same may be removed and kept for evidence. Upon conviction of any person for violation of the provisions of this section, the said beer, and all barrels, kegs, cases, cartons and cans containing the same, shall be forfeited to the state of Idaho, and, in addition, the person so convicted shall be subject to the other penalties in this chapter prescribed.

Beer and all barrels, kegs, cases, cartons or cans so forfeited to the state of Idaho shall be sold by the commission at public auction to any brewer, wholesaler, or retailer licensed under the provisions of this chapter making the highest bid. Such sale shall be held at such place and time as may be designated by the commission after reasonable notice thereof given in such manner and for such time as the commission may by rule prescribe. From the purchase price received upon such sale, the commission shall first deduct an amount sufficient to pay the tax due on such beer and to pay all costs incurred in connection with such sale. The commission shall deposit the balance remaining with the state treasurer, who shall place the same in the general fund of the state of Idaho, and it shall become a part thereof.

(2) The revenues received from the taxes, interest, penalties, or deficiency payments imposed by this section shall be distributed as follows:

(a) An amount of money shall be distributed to the state refund account sufficient to pay current refund claims. All refunds authorized by law to be paid by the state tax commission shall be paid through the state refund account and those moneys are continuously appropriated.

(b) For revenue deriving from beer containing not more than five percent (5%) of alcohol by volume, the balance remaining after distributing the amount in paragraph (a) of this subsection shall be distributed as follows:

(i) Twenty percent (20%) shall be distributed to the substance abuse treatment fund, which is created in section 23-408, Idaho Code;

(ii) Thirty-three percent (33%) shall be distributed to the Idaho state police, of which no less than sixty percent (60%) shall be dedicated to the Idaho law enforcement fund for use in the project choice program, as established in section 49-454, Idaho Code, and no more than forty percent (40%) to the alcohol beverage control fund; and

(iii) The remainder shall be distributed to the general fund.

(c) For revenue deriving from beer containing more than five percent (5%) of alcohol by volume, the balance remaining after distributing the amount in paragraph (a) of this subsection shall be distributed as follows:

(i) Twelve percent (12%) shall be distributed to the substance abuse treatment fund created in section 23-408, Idaho Code;

(ii) Five percent (5%) shall be distributed to the Idaho hop grower's commission fund; and

(iii) The remainder shall be distributed to the general fund.

(3) The commission is empowered to prescribe rules:

(a) For reports by carriers for hire and also all other carriers owned and/or employed, directly or indirectly, by out-of-state brewers, dealers or other persons, of all deliveries of beer in and into the state of Idaho, stating especially the origin and destination of the beer, the quantity thereof, and also the names and addresses, respectively, of the consignors and consignees.

(b) For reports by out-of-state brewers and manufacturers of beer, of all shipments by them of beer into the state of Idaho, stating especially the matters mentioned in paragraph (a) of this subsection.

History:

[23-1008, added 1935, ch. 132, sec. 4, p. 312; am. 1949, ch. 192, sec. 1, p. 462; am. 1949, ch. 281, sec. 1, p. 575; am. 1961, ch. 43, sec. 3, p. 66; am. 1980, ch. 239, sec. 1, p. 554; am. 1980, ch. 391, sec. 1, p. 994; am. 1986, ch. 73, sec. 3, p. 203; am. 1987, ch. 260, sec. 2, p. 547; am. 2007, ch. 141, sec. 5, p. 410; am. 2013, ch. 10, sec. 1, p. 20; am. 2021, ch. 233, sec. 2, p. 711; am. 2026, ch. 200, sec. 2, p. 870.]
Idaho Code § 23-1332 — Idaho Code / Title 23 / Chapter 13 / Section 23-1332
23-1332 SALE BY BY-THE-DRINK LIQUOR LICENSEES.
Status: in_force

23-1332. Sale by by-the-drink liquor licensees. Retailers holding valid licenses for the retail sale of liquor by the drink pursuant to chapter 9, title 23, Idaho Code, may sell wine for consumption on or off the licensed premises. Persons holding a valid wine by the drink license may sell wine for consumption on the premises only. Retailers who do not possess a valid license for the retail sale of liquor by the drink, or retailers who do not have a valid wine by the drink license, shall not permit consumption of wine on the licensed premises and may sell the wine only in its original unbroken container. Provided however, that wineries whose business does not include the sale of wine by the drink may provide free single-serving samples of two (2) ounces or less to customers for the purpose of sales promotion upon the winery premises or upon the premises of a retail wine outlet which retails exclusively the wine product of that winery and which is wholly owned and operated thereby. Wine sold for consumption or dispensed on the licensed premises may be sold, consumed or dispensed only during hours that beer can be sold, consumed or dispensed pursuant to the laws of this state. Wine sold by the retailer for consumption off the premises of the retailer may be sold only during the hours that beer may be sold pursuant to the laws of this state.

History:

[23-1332, added 1971, ch. 156, sec. 32, p. 760; am. 1973, ch. 144, sec. 9, p. 281; am. 1983, ch. 165, sec. 1, p. 471; am. 1987, ch. 169, sec. 7, p. 333.]
Idaho Code § 23-1015 — Idaho Code / Title 23 / Chapter 10 / Section 23-1015
23-1015 COUNTY RETAILERS' LICENSE, WHEN REQUIRED, PROCEDURE.
Status: in_force

23-1015. County retailers' license, when required, procedure. (1) It shall be unlawful for any retailer to sell beer without first procuring a retailer's license from the county, said license to be issued on such conditions and terms as may be required by the board of county commissioners in the county wherein such place of sale of beer is located; provided, that no county shall exact a license fee from any dealer except as follows:

(a) Where such retailer sells only bottled or canned beer: none of which is consumed on the premises where sold, the license fee shall be equal to twenty-five per cent (25%) of the license fee exacted under subsection (1)(b) of this section relating to draught beer and bottled or canned beer, or draught beer only; and where such bottled or canned beer is consumed on the premises where sold the license fee shall be seventy-five per cent (75%) of the fee exacted under said subsection (b) hereof.

(b) Where such retailer sells draught beer and bottled or canned beer, or draught beer only, not in excess of one hundred dollars ($100), a year.

(2) The board of county commissioners shall establish a procedure for processing applications for licenses, transfers or renewals thereof in a timely manner. Each application for a license, transfer or renewal thereof, required by the provisions of this section, shall be submitted to the board of county commissioners for a decision. The board of county commissioners shall have a reasonable time to examine the application before a decision is made on granting or denying the license, or the transfer or renewal thereof. Each board of county commissioners shall establish, by ordinance, a time period within which a decision must be made following submission of an application. Whenever a board of county commissioners denies an application, the board shall specify in writing:

(a) The statutes, ordinances and standards used in evaluating the application;

(b) The reasons for denial; and

(c) The actions, if any, that the applicant could take to obtain the license, transfer or renewal thereof.

(3) An applicant denied a license, transfer or renewal thereof or aggrieved by a decision of the board of county commissioners pursuant to this section may, within twenty-eight (28) days, after all remedies have been exhausted under county ordinances or procedures, seek judicial review under the procedures provided in chapter 52, title 67, Idaho Code, and for such purposes a county shall be construed to mean an agency.

(4) In all cases where the board of county commissioners is considering applications for licenses, transfers or renewals thereof, a transcribable verbatim record of the proceedings shall be made. If the application for a license, transfer or renewal is denied, a transcribable, verbatim record of the proceedings shall be kept for a period of not less than six (6) months after a final decision on the matter. Upon written request and within the time period provided for retention of the record, any person may have the record transcribed at his expense. The board of county commissioners shall also provide for the keeping of minutes of the proceedings. Minutes shall be retained indefinitely or as otherwise provided by law.

History:

[23-1015, added 1935, ch. 132, sec. 7-A, as added by 1947, ch. 192, sec. 7, p. 462; am. 1983, ch. 50, sec. 3, p. 121; am. 1993, ch. 216, sec. 6, p. 592.]
Idaho Code § 23-302 — Idaho Code / Title 23 / Chapter 3 / Section 23-302
23-302 DISTRIBUTING STATIONS — NOTICE OF INTENT TO LOCATE.
Status: in_force

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.]
Idaho Code § 23-1050A — Idaho Code / Title 23 / Chapter 10 / Section 23-1050A
23-1050A COLLECTION AND ENFORCEMENT.
Status: in_force

23-1050A. Collection and enforcement. The collection and enforcement procedures provided by the Idaho income tax act, sections 63-3042 through 63-3065A, inclusive, and sections 63-3068 and 63-3075, Idaho Code, shall apply and be available to the state tax commission for enforcement and collection of the tax imposed by this chapter, and said sections shall, for this purpose, be considered part of this act. Any reference to taxable year in the income tax act shall be, for the purposes of this act, considered a taxable period.

History:

[23-1050A, added 1980, ch. 239, sec. 3, p. 557; am. 1984, ch. 104, sec. 3, p. 243; am. 2007, ch. 10, sec. 9, p. 19.]
Idaho Code § 23-1338 — Idaho Code / Title 23 / Chapter 13 / Section 23-1338
23-1338 WINE PRODUCT SERVICE AND SALES — SPONSORED EVENTS.
Status: in_force

23-1338. Wine product service and sales — Sponsored events. (1) Any person who is the holder of an Idaho winery license is authorized to serve or sell any wine product of that winery at events of seven (7) days' duration or less sponsored by any group, organization, person or political subdivision. Each participating winery must make its own arrangements with the sponsoring group, organization, person or political subdivision. Service and sales under the authority of this section may occur only in counties that permit the sale of wine in accordance with section 23-1304, Idaho Code, and any service or sales under the provisions of this section must comply with all applicable limitations and requirements regarding day and hour of sale, age and condition of purchasers and all other requirements of any regulatory ordinance adopted pursuant to the authority of section 23-1318, Idaho Code, by the city or county in whose jurisdiction the event is to take place.

(2) At least seven (7) days prior to the date on which the sponsored event is to commence, the winery shall notify by electronic mail the Idaho state police, alcohol beverage control bureau, and the chief of police of the incorporated city in which the sponsored event will be held, if the event is to be held in an incorporated city, or the sheriff of the county in which the sponsored event is to be held, if the event will not be held in an incorporated city, that wine will be served or sold by the winery at the sponsored event. The notice shall provide the following information:

(a) The name and address of the winery and the number of its state winery license;

(b) The dates and hours that wine will be served or sold;

(c) The name of the group, organization, person or political subdivision sponsoring the event; and

(d) The address at which the wine will be served or sold, and if a public building, the rooms in which the wine will be served or sold.

(3) Within three (3) business days after receiving the notice, the alcohol beverage control bureau shall respond to the winery. An approval by the alcohol beverage control bureau shall serve as authorization for the event, and shall be displayed during all hours that wine is served or sold at the sponsored event.

(4) Neither the winery nor any person owning an interest in the winery, nor any employee, contractor or business associate of the winery shall qualify as an event sponsor under the provisions of this section.

(5) Neither a city nor a county license or permit is required for the activities authorized pursuant to the provisions of this section.

History:

[23-1338, added 2007, ch. 289, sec. 3, p. 824.]
Idaho Code § 23-1017 — Idaho Code / Title 23 / Chapter 10 / Section 23-1017
23-1017 INTENTION OF PRECEDING SECTION.
Status: in_force

23-1017. Intention of preceding section. It is hereby declared to be the intention of section 23-1016 that both counties and incorporated municipalities may levy and collect a license for the retail sale of beer as herein provided, and the granting of power to license retailer of beer in an incorporated municipality shall not be held as in any way conflicting with the provisions of this act relating to the granting of retailer's license by the county.

History:

[23-1017, added 1935, ch. 132, sec. 7-C, as added by 1947, ch. 192, sec. 7, p. 462.]
Idaho Code § 23-1308 — Idaho Code / Title 23 / Chapter 13 / Section 23-1308
23-1308 QUALIFICATIONS FOR IMPORTER'S LICENSE.
Status: in_force

23-1308. Qualifications for importer's license. No wine importer's license shall be issued to an applicant who at the time of making the application:

(a) Has not executed an agreement in writing with the director that such importer and every person employed by it or acting as its agents other than distributors and retailers, will faithfully comply with and observe all the provisions of the laws of the state of Idaho relating to the importation, sale and distribution of wine and all rules and regulations adopted by the director pursuant to this act;

(b) Has had a wine distributor's license, retail wine license, wine by the drink 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.

History:

[23-1308, added 1971, ch. 156, sec. 8, p. 760; am. 1973, ch. 144, sec. 4, p. 281; am. 1974, ch. 27, sec. 66, p. 811.]
Idaho Code § 23-1103 — Idaho Code / Title 23 / Chapter 11 / Section 23-1103
23-1103 PROHIBITED ACTS.
Status: in_force

23-1103. Prohibited acts. The following are prohibited under the provisions of this chapter:

(1) A distributor shall not:

(a) Transfer the distributor's business without giving the supplier written notice of the proposed transfer of the business as required under the provisions of this chapter.

(b) Transfer the distributor's business without receiving the supplier's written approval for the proposed transfer, where required by an agreement and consistent with the provisions of this chapter.

(c) Distribute, sell or deliver beer to a retailer whose premises are situated outside the geographic territory agreed upon by the distributor and the supplier, as the area in which the distributor will sell beer purchased from the supplier, without the consent of the supplier and the distributor who has been assigned such territory by the supplier.

(2) A supplier shall not, directly or indirectly, or through an affiliate or subsidiary:

(a) Require any distributor to do any illegal act or to violate any law or regulation either by threatening to amend, modify, cancel, terminate, or refuse to renew any agreement existing between the supplier and the distributor, or by any other means.

(b) Require any distributor to accept delivery of any beer or other commodity which has not been ordered by the distributor or, if ordered, has been canceled by the distributor in accordance with reasonable cancellation procedures of the supplier. Provided however, a supplier may impose reasonable inventory requirements upon a distributor if the requirements are made in good faith and are generally applied to other distributors in Idaho and similarly situated distributors in adjoining states having an agreement with the supplier.

(c) Withhold delivery of beer ordered by a distributor or change a distributor's allocation of a brand or brands by the supplier if the withholding or change is not made in good faith.

(d) Engage in any conduct that requires a distributor to fix or maintain the resale prices at which the distributor sells products received from the supplier.

(e) Require a distributor to purchase one (1) or more brands of beer or other products in order for the distributor to purchase another brand or brands of beer. Provided however, that if a distributor has agreed to distribute a brand or brands of beer before the effective date of this chapter, the distributor shall continue to distribute the brand or brands of beer in conformance with the provisions of this chapter.

(f) Require a distributor to assent to any unreasonable requirement, condition, understanding or term of an agreement which limits the distributor's right to sell a brand or brands of beer or other products of any other supplier.

(g) Require a distributor to submit financial reports or other specific financial or sales information regarding products sold by the distributor, other than those of the supplier, as a condition of renewal or continuation of an agreement.

(h) Require a distributor to terminate the designation of an individual as a manager or successor manager of a distributor, or refuse to approve the designation of an individual as manager or successor manager, unless the manager or successor manager fails to meet reasonable standards or qualifications for such position which standards or qualifications are nondiscriminatory and are applied uniformly to all distributors similarly situated. In any legal action, or other dispute resolution proceedings, challenging such termination or designation, the distributor shall have the burden of proving that the termination of the manager or successor manager was required by the supplier or that the supplier refused to approve the designation of an individual as manager or successor manager. Upon the distributor making such prima facie showing, the supplier shall have the burden of proving that such person fails to meet nondiscriminatory and reasonable standards and qualifications.

(i) Take any retaliatory action against a distributor who, with just cause, files a complaint with any regulatory body or in any court of law regarding an alleged violation of federal, state or local law or of any administrative rule by the supplier.

History:

[23-1103, added 1993, ch. 312, sec. 1, p. 1150.]
Idaho Code § 23-1328A — Idaho Code / Title 23 / Chapter 13 / Section 23-1328A
23-1328A PROHIBITION OF CERTAIN TRADE PRACTICES BETWEEN VINTNERS, WINERIES, IMPORTERS OR DEALERS AND DISTRIBUTORS.
Status: in_force

23-1328A. Prohibition of certain trade practices between vintners, wineries, importers or dealers and distributors. (1) It shall be unlawful for any vintners, winery, importer or dealer, directly or indirectly, or through an affiliate, subsidiary, officer, director, agent or employee:

(a) To require, by agreement or otherwise, that any distributors engaged in the sale or distribution of wine in the state of Idaho purchase any such wine or other distributed products from such person to the exclusion in whole or in part of wine or other products made or imported by other vintners, wineries, importers or dealers;

(b) To induce, by any means, any distributor engaged in the sale or distribution of wine to purchase from or distribute the wine or other products of any vintner, winery, importer or dealer to the exclusion of the wine or products of other vintners, wineries, importers or dealers by any means, including, but not limited to the vintner's, winery's, importer's or dealer's acquisition of any interest in the distributor's license, or by acquiring any interest in the real or personal property owned, occupied, or used by the distributor;

(c) To discriminate in price, allowance, rebate, refund, commission, discount, or service between a distributor purchasing wine or a distributor purchasing other products;

(d) To threaten any distributor with any discrimination prohibited under subsection (1) (c) of this section, with the purpose or effect of changing or maintaining resale prices of the vintner, winery, importer or dealer;

(e) To impose conditions or restrictions on a distributor not generally imposed on other distributors; or

(f) To cause a termination, cancellation, nonrenewal or substantial change in competitive circumstances in the relationship with the distributor without providing at least ninety (90) days' written notice of the termination, cancellation, nonrenewal or substantial change in competitive circumstances. The notice shall state all the reasons for termination, cancellation, nonrenewal or substantial change in competitive circumstances and shall provide that the distributor has ninety (90) days from the date of receipt by said distributor of the vintner's, winery's, importer's or dealer's notice in which to rectify any claimed deficiency. If the deficiency is rectified within ninety (90) days the notice shall be void. The notice provisions of this section shall not apply if the reason for termination, cancellation or nonrenewal is insolvency, the occurrence of an assignment for the benefit of creditors, or bankruptcy. If the reason for termination, cancellation, nonrenewal or substantial change in competitive circumstances is nonpayment of sums due for the purchase of product, the distributor shall be entitled to written notice of such default, and shall have twenty (20) days in which to remedy such default from the date of delivery or posting of such notice.

(2) Nothing in this section shall be deemed to prohibit vintners, wineries, importers or dealers from selecting their own customers in bona fide transactions not in restraint of trade.

History:

[23-1328A, added 1979, ch. 301, sec. 1, p. 820; am. 1984, ch. 221, sec. 12, p. 537.]
Idaho Code § 23-932 — Idaho Code / Title 23 / Chapter 9 / Section 23-932
23-932 DIRECTOR TO MAKE REGULATIONS — FURNISH FORMS AND RECORDS.
Status: in_force

23-932. Director to make regulations — Furnish forms and records. For the purpose of the administration of this act the director shall make, promulgate and publish such rules and regulations as the said director may deem necessary for carrying out the provisions of this act and for the orderly and efficient administration hereof, and except as may be limited or prohibited by law and the provisions of this act, such rules and regulations so made and promulgated shall have the force of statute. Every licensee shall advise himself of such rules and regulations, and ignorance thereof shall be no defense. Without limiting the generality of the foregoing provisions, the said director shall be empowered and it is made his duty to prescribe forms to be used in the administration of this act, the proof to be furnished and the conditions to be observed in the issuance of licenses, prescribing forms or records to be kept of the sale of liquor by stores, prescribing notices required by this act or the regulations thereof, and the manner of giving and serving the same, prescribing, subject to the provisions of this act, the conditions and qualifications necessary to obtain a license, the books and records to be kept by the licensee, the form of returns to be made by them, and providing for the inspection of such licensed premises, specifying and describing the place and manner in which the liquor may be lawfully kept or stored, covering the conduct, management and equipment of premises licensed to sell liquor and make regulations respecting the sale and consumption of liquor in clubs, hotels and other places of business to licensees.

History:

[23-932, added 1947, ch. 274, sec. 30, p. 870; am. 1974, ch. 27, sec. 31, p. 811.]
Idaho Code § 23-1409 — Idaho Code / Title 23 / Chapter 14 / Section 23-1409
23-1409 SHORT TITLE.
Status: in_force

23-1409. Short title. This act shall be known as the "Hospitality Cabinet Act of 1989."

History:

[23-1409, added 1989, ch. 208, sec. 1, p. 512.]
Idaho Code § 23-1054 — Idaho Code / Title 23 / Chapter 10 / Section 23-1054
23-1054 REFUND OF TAXES.
Status: in_force

23-1054. Refund of taxes. (1) If the tax commission determines that any amount due under this chapter has been paid more than once or has been erroneously or illegally collected or computed, the commission shall set forth that fact in its records and the excess amount paid or collected may be credited on any amount then due and payable to the commission from that person and any balance refunded to the person by whom it was paid or to his successors, administrators or executors. The tax commission is authorized and the state board of tax appeals is authorized to order the tax commission in proper cases to credit or refund such amounts whether or not such payments have been made under protest and certify such refund to the state board of examiners.

(2) No such credit or refund shall be allowed or made after three (3) years from the time the payment was made, unless before the expiration date of that period a claim therefor is filed by the taxpayer. The three (3) year periods allowed by this section for making refunds or credit claims shall not apply in cases where the tax commission asserts a deficiency of tax imposed by this chapter and taxpayers desiring to appeal or otherwise seek a refund of amounts paid in obedience to those deficiencies must do so within the time limits elsewhere prescribed by law.

History:

[23-1054, added 1986, ch. 73, sec. 4, p. 205.]
Idaho Code § 23-1313 — Idaho Code / Title 23 / Chapter 13 / Section 23-1313
23-1313 PURCHASES BY RETAILERS.
Status: in_force

23-1313. Purchases by retailers. No retailer shall purchase or receive wine for resale except from a distributor. Provided, however, that a retailer wholly owned and operated by a licensed winery, which retails exclusively the product of that winery, may receive wine for resale from that winery.

History:

[23-1313, added 1971, ch. 156, sec. 13, p. 760; am. 1984, ch. 221, sec. 5, p. 533.]
Idaho Code § 23-203 — Idaho Code / Title 23 / Chapter 2 / Section 23-203
23-203 POWERS AND DUTIES.
Status: in_force

23-203. Powers and duties. The division shall have the following general powers and duties:

(a) Regulation of Liquor Traffic. To permit, license, inspect and regulate the manufacture, importation, transportation, storage, sale and delivery of alcoholic liquor for purposes permitted by this act.

(b) Traffic in Liquor. To buy, import, transport, store, sell and deliver alcoholic liquor, wine containing more than sixteen percent (16%) alcohol by volume, table wine, as defined in section 23-1303, Idaho Code, that is manufactured in Idaho, and sparkling wine.

(c) Operation of Liquor Stores. To establish, maintain and discontinue warehouses, state liquor stores and distribution stations, and in the operation thereof to buy, import, transport, store, sell and deliver such other nonalcohol merchandise as may be reasonably related to its sale of alcoholic liquor.

(d) Acquisition of Real Estate. To acquire, buy and lease real estate and to improve and equip the same for the conduct of its business.

(e) Acquisition of Personal Property. To acquire, buy and lease personal property necessary and convenient for the conduct of its business.

(f) Making Reports. To report to the governor annually, and at such other times as he may require, concerning the condition, management and financial transactions of the division.

(g) General Powers. To do all things necessary and incidental to its powers and duties under this act.

The division shall so exercise its powers as to curtail the intemperate use of alcoholic beverages. It shall not attempt to stimulate the normal demands of temperate consumers thereof, irrespective of the effect on the revenue derived by the state from the resale of intoxicating liquor.

History:

[23-203, added 1939, ch. 222, sec. 203, p. 465; am. 2006, ch. 18, sec. 1, p. 68; am. 2009, ch. 23, sec. 5, p. 54; am. 2011, ch. 130, sec. 2, p. 364.]
Idaho Code § 23-1005 — Idaho Code / Title 23 / Chapter 10 / Section 23-1005
23-1005 QUALIFICATIONS OF LICENSEES.
Status: in_force

23-1005. Qualifications of licensees. No license shall issue to an applicant for a dealer's or wholesaler's license unless the applicant is authorized to do business within the state of Idaho; nor shall such license be issued to an applicant whose license, or the license of any partner, has been revoked within two (2) years; nor to an applicant who, or if a partnership any partner of whom, has been convicted of any violation of any law of Idaho or of the United States regulating, governing, or prohibiting the sale of alcoholic beverages or intoxicating liquor. Any such license issued shall be revoked if the licensee ceases to have the qualifications, or acquires the disqualifications, in this section provided.

History:

[23-1005, added 1935, ch. 132, sec. 3-b, as added by 1943, ch. 167, sec. 2, p. 349; am. 1992, ch. 315, sec. 2, p. 939; am. 1994, ch. 14, sec. 8, p. 27.]
Idaho Code § 23-1101 — Idaho Code / Title 23 / Chapter 11 / Section 23-1101
23-1101 DECLARATION OF POLICY.
Status: in_force

23-1101. Declaration of policy. It is hereby declared to be the policy of the legislature of the state of Idaho to regulate and control the importation, sale and distribution of beer within the state of Idaho, in the exercise of its powers under the twenty-first amendment to the constitution of the United States of America, and pursuant to section 26, article III, of the constitution of the state of Idaho. In furtherance of that policy, the restrictions and regulations contained in this chapter are enacted to promote equality and fair dealing in the business relationship between Idaho distributors of beer and the suppliers of such product and to assure the establishment and maintenance of an orderly system for the distribution of such products in accordance with the laws of this state regulating the sale and distribution of such products to the public.

History:

[23-1101, added 1993, ch. 312, sec. 1, p. 1148.]
Idaho Code § 23-308C — Idaho Code / Title 23 / Chapter 3 / Section 23-308C
23-308C SUBSEQUENT LOCAL OPTION COUNTY ELECTIONS.
Status: in_force

23-308C. Subsequent local option county elections. A similar local county option election may be subsequently called and held upon the issue of whether the sale or delivery of any alcoholic liquor in, on, or from the premises of any state liquor store or distributing station shall be allowed on any Sunday which does not fall on Christmas Day. Such subsequent election shall be held upon the filing of a petition, as provided in section 23-308, Idaho Code, signed by the requisite percentage of qualified electors. No such subsequent election shall be held more often than two (2) years after the holding of any local option county election or subsequent election.

History:

[23-308C, added 2004, ch. 79, sec. 5, p. 305.]
Idaho Code § 23-956 — Idaho Code / Title 23 / Chapter 9 / Section 23-956
23-956 CONTINUATION OF GOLF COURSE LIQUOR LICENSE FOLLOWING CHANGE OF LAND USE.
Status: in_force

23-956. Continuation of golf course liquor license following change of land use. Nothing contained in this chapter shall prohibit the issuance of a license to the owner, operator, or lessee of a premises previously licensed as a golf course under the provisions of section 23-903, Idaho Code, following termination of the golf course use and conversion of the premises to another use or uses, provided that the golf course was licensed as a golf course under the provisions of section 23-903, Idaho Code, for a minimum of twenty (20) years prior to such termination. The provisions of section 23-910, Idaho Code, shall be applicable to licenses issued pursuant to this section. The fees for licenses granted under the provisions of this section shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code, unless the premises is located within the incorporated limits of any city, in which case the fee shall be the same as that prescribed for a license in a city of that size as set forth in section 23-904, Idaho Code. Licenses issued under the provisions of this section are not transferable away from the premises. Upon termination of the golf course use, no part of the premises shall be eligible for the issuance of an additional license pursuant to section 23-955, Idaho Code, due to a split in ownership which occurs after such termination. The eligibility to obtain a license pursuant to this section following termination of the golf course use shall, in the event of a later split in ownership of the premises, be allocated to one (1) of the parcels resulting from such split, either by contract between the parties to the split or by grant or reservation in the deed of conveyance. In the event the contract between the parties or the deed of conveyance fails to specify which parcel retains eligibility under this section, eligibility shall be deemed to be retained by the parcel upon which is, or was, located the greater share of physical improvements at or within which alcohol was served prior to the split in ownership. Upon any further split of the parcel retaining eligibility to obtain a license pursuant to this section, the same restrictions shall apply to the new split in ownership and any future splits of the parcel retaining such eligibility, such that there shall never be more than one (1) license issued pursuant to this section for the land constituting the original golf course premises. Nothing in this section shall prohibit the issuance of a license to the owner, operator or lessee of any split-off parcel to the extent such parcel qualifies for a license under any other provision of this chapter.

History:

[23-956, added 2005, ch. 357, sec. 2, p. 1128.]
Idaho Code § 23-1308A — Idaho Code / Title 23 / Chapter 13 / Section 23-1308A
23-1308A QUALIFICATIONS FOR WINERY LICENSE.
Status: in_force

23-1308A. Qualifications for winery license. (1) No winery license shall be issued to an applicant who at the time of making the application:

(a) Has not executed an agreement in writing with the director that such winery and every person employed by it or acting as its agents other than distributors and retailers, will faithfully comply with and observe all the provisions of the laws of the state of Idaho relating to the manufacturing, sale and distribution of wine and all rules adopted by the director pursuant to this act;

(b) Has had a winery license, a wine distributor's license, retail wine license, wine by the drink 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.

(2) To determine qualification for a license, the director shall cause an investigation which 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:

[23-1308A, added 1984, ch. 221, sec. 3, p. 532; am. 1987, ch. 169, sec. 5, p. 332; am. 1993, ch. 333, sec. 2, p. 1233; am. 2001, ch. 284, sec. 5, p. 1019.]
Idaho Code § 23-1318 — Idaho Code / Title 23 / Chapter 13 / Section 23-1318
23-1318 COUNTY AND CITY REGULATORY ORDINANCES AUTHORIZED.
Status: in_force

23-1318. County and city regulatory ordinances authorized. The governing board of any county or city within this state is hereby authorized and empowered to adopt such ordinances and resolutions as may be deemed necessary by the governing board of said county or city in the interests of public health and welfare or for the orderly, moral and responsible conduct of the business of selling and distributing wine within the boundaries of such city or county, including but not limited to hours, days, places and conditions of sale and advertising practices.

History:

[23-1318, added 1971, ch. 156, sec. 18, p. 760.]
Idaho Code § 23-1010 — Idaho Code / Title 23 / Chapter 10 / Section 23-1010
23-1010 LICENSE TO SELL BEER AT RETAIL — APPLICATION PROCEDURE AND FORM — SHOWING OF ELIGIBILITY FOR LICENSE AND DISQUALIFICATIONS.
Status: in_force

23-1010. License to sell beer at retail — Application procedure and form — Showing of eligibility for license and disqualifications. (1) Every person who shall apply for a state license to sell beer at retail shall tender the license fee to, and file written application for license with, the director. The application shall be on a form prescribed by the director that shall require such information concerning the applicant, the premises for which license is sought and the business to be conducted thereon by the applicant as the director may deem necessary or advisable, and which shall enable the director to determine that the applicant is eligible and has none of the disqualifications for license, as provided for in this section. If the applicant is applying for a license solely for a theater that is presenting live performances as those terms are defined in section 23-1001, Idaho Code, or a movie theater, as defined in section 23-944, Idaho Code, and that is located in a building listed on the national register of historic places, the application shall so state. Such information shall include the following:

(a) The name and place of residence of the applicant and length of his residence within the state of Idaho and, if the applicant is a partnership, the names, places of residence and lengths of residence within the state of Idaho of each partner and, if the applicant is a corporation or association, the date and place of incorporation or organization, the location of its principal place of business in Idaho and the names and places of residence of its officers, directors or members of its governing board and of the person who manages or will manage the business of selling beer at retail;

(b) The particular place for which the license is desired, designating the same by a street and number, if practicable, or by such other apt description as definitely locates such place, and the name of the owner of the premises for which license is sought;

(2) The application shall affirmatively show:

(a) That the applicant is the bona fide owner of the business that will be engaged in the sale of beer at retail and with respect to which license is sought;

(b) That the condition of the place or building wherein it is proposed to sell beer at retail conforms to all laws and rules of the state of Idaho and to the ordinances of the county and municipality applicable thereto relating to public health and safety and to the zoning ordinances of the municipality applicable thereto;

(c) That there is no stamp or permit outstanding and in force that has been issued to any person by the United States government for the premises for which license to sell beer at retail is sought, which stamp or permit denotes payment of any special tax imposed by the United States government on a retail dealer in liquor or wines, unless said premises are premises for which a retail license for sale of liquor by the drink, issued under the provisions of chapter 9, title 23, Idaho Code, is in force and effect;

(d) That the individual applicant, or each partner of a partnership applicant, or a corporation applicant or an association applicant is qualified to do business within the state of Idaho;

(e) That the applicant, if an individual, is not less than nineteen (19) years of age;

(f) That, within three (3) years immediately preceding the date of filing the application, the applicant has not been convicted of the violation of any law of the state of Idaho, any other state, or of the United States regulating, governing or prohibiting the sale, manufacture, transportation or possession of alcoholic beverages or intoxicating liquors, or, within said time, suffered the forfeiture of a bond for failure to appear in answer to charges of any such violation;

(g) That, within five (5) years immediately preceding the date of filing the application, the applicant has not been convicted of any felony or paid any fine or completed any sentence of confinement therefor within said time;

(h) That, within three (3) years next preceding the date of filing said application, the applicant has not had any license provided for herein, or any license or permit issued to the applicant pursuant to the law of this state, or any other state, or of the United States to sell, manufacture, transport or possess alcoholic beverages or intoxicating liquors, revoked.

(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.

(4) The affirmative showing required with respect to an applicant under paragraphs (e), (f), (g) and (h) of subsection (2) of this section shall also be required to be made with respect to each partner of a partnership applicant and to each incumbent officer, director or member of the governing board of a corporation or association applicant.

(5) The application must be subscribed and sworn to by the individual applicant, or by a partner of a partnership applicant, or by an officer or manager of a corporation or association applicant, before a notary public or other person authorized by law to administer oaths.

(6) If an applicant shall be unable to make any affirmative showing required in this section or if an application shall contain a false material statement, knowingly made, the same shall constitute a disqualification for license and license shall be refused. If license is received on any application containing a false material statement, knowingly made, such license shall be revoked. If at any time during the period for which license is issued, a licensee becomes unable to make the affirmative showings required by this section, license shall be revoked, or, if disqualification can be removed, the license shall be suspended until the same shall be removed. The procedure to be followed upon refusal, revocation or suspension of license as herein provided for shall be in accordance with the procedure set forth in this act.

(7) All licenses shall expire at 1:00 a.m. on the first day of the renewal month, which shall be determined by the director by administrative rule and shall be subject to annual renewal upon proper application. The director will determine the renewal month by county based on the number of current licenses within each county, distributing renewals throughout the licensing year. The director may adjust the renewal month to accommodate population increases. Each licensee will be issued a temporary license to operate until the renewal month has been determined. Thereafter, renewals will occur annually on their renewal month. Renewal applications for licenses accompanied by the required fee must be filed with the director on or before the first day of the designated renewal month. Any licensee holding a valid license who fails to file an application for renewal of the current license on or before the first day of the designated renewal month shall have a grace period of an additional thirty-one (31) days in which to file an application for renewal of the license. The licensee shall not be permitted to sell beer at retail during the thirty-one (31) day extended time period unless and until the license is renewed.

History:

[23-1010, added 1961, ch. 299, sec. 2, p. 543; am. 1972, ch. 332, sec. 4, p. 834; am. 1974, ch. 27, sec. 45, p. 811; am. 1976, ch. 156, sec. 1, p. 555; am. 1978, ch. 304, sec. 1, p. 762; am. 1981, ch. 52, sec. 1, p. 78; am. 1983, ch. 159, sec. 1, p. 458; am. 1992, ch. 315, sec. 3, p. 939; am. 1994, ch. 14, sec. 6, p. 25; am. 2001, ch. 30, sec. 2, p. 45; am. 2001, ch. 284, sec. 3, p. 1017; am. 2003, ch. 111, sec. 4, p. 352; am. 2019, ch. 87, sec. 2, p. 213; am. 2025, ch. 189, sec. 2, p. 882.]
Idaho Code § 23-919 — Idaho Code / Title 23 / Chapter 9 / Section 23-919
23-919 EFFECT OF ELECTION — LIQUOR STORE SALES NOT AFFECTED.
Status: in_force

23-919. Effect of election — Liquor store sales not affected. Upon a canvass of the votes cast, the county board of canvassers shall certify the result to the city who shall report the results to the director. If a majority of the votes cast are "Sale of liquor by the drink, Yes," licenses shall be issued in said city as in this chapter provided. If a majority of the votes cast are "Sale of liquor by the drink, No," then no licenses shall be issued in said city unless thereafter authorized by a subsequent election in said city; provided, however, that nothing herein contained shall be construed to prevent or prohibit the sale of liquor at or by a state liquor store or state distributor.

History:

[23-919, added 1947, ch. 274, sec. 19, p. 870; am. 1974, ch. 27, sec. 27, p. 811; am. 2009, ch. 341, sec. 9, p. 1000.]
Idaho Code § 23-935 — Idaho Code / Title 23 / Chapter 9 / Section 23-935
23-935 VIOLATION — MISDEMEANORS.
Status: in_force

23-935. Violation — Misdemeanors. A violation of any of the provisions of this act by any agent, employee, servant, or other person in any way acting in behalf of the licensee shall be presumed to be a violation by the licensee. Any person violating any of the provisions of this act, except where a specific penalty is provided, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than the sum of one hundred dollars ($100) nor more than the sum of three hundred dollars ($300) or be imprisoned in the county jail for not less than thirty (30) days nor more than six (6) months, or both such fine and imprisonment. Any court in which a judgment of conviction against any licensee shall be entered shall forthwith certify a copy thereof to the director and the director shall thereupon give intended notice of revocation of any license to such convicted person.

History:

[23-935, added 1947, ch. 274, sec. 32, p. 870; am. 1970, ch. 258, sec. 3, p. 690; am. 1974, ch. 27, sec. 36, p. 811.]
Idaho Code § 23-1009 — Idaho Code / Title 23 / Chapter 10 / Section 23-1009
23-1009 RETAILERS' LOCAL LICENSES.
Status: in_force

23-1009. Retailers' local licenses. No retailer shall sell beer within this state, until he or it shall be licensed therefor by a municipality, if the business is to be conducted therein, and by the county wherein said business is to be conducted, and by the director. Applications for retailer's licenses shall be made under oath first to the director of the Idaho state police, and if the license be issued, to the county and then to the municipality, upon forms to be supplied by each, which forms shall require that the applicant show that the applicant possesses all of the qualifications and none of the disqualifications of a retailer licensee under this act, and, as to the municipal license, under any ordinance thereof. Each application shall be accompanied with the required license fee. If the applications conform hereto the director, county and municipality respectively, shall each issue a retailer's license to the applicant, subject to the restrictions and upon the conditions in this act specified, and, as to the municipal license, in the ordinance aforesaid. Said licenses shall at all times be prominently displayed in the place of business of the licensee, and shall be issued only for the particular premises described therein, but the municipality, county and director may permit a transfer to other particularly described premises. No license transferred by process of law or otherwise shall authorize the transferee, including any executor, administrator or trustee in bankruptcy of the estate of the licensee, to retail beer thereunder until the transferee shall have filed under oath applications therefor containing substantially the same information required of an applicant for a license, and if the transferee possesses the qualifications and none of the disqualifications for a license as herein provided, the director, county and municipality shall approve such transfer and issue a license so to show. The transferee shall accompany the state application for transfer with, and shall pay, the fee as set out in section 23-1005A, Idaho Code. Such transferee shall accompany each such county and municipality application for transfer with, and shall pay, the sum of five dollars ($5.00).

History:

[23-1009, added 1935, ch. 132, sec. 5, as added by 1943, ch. 167, p. 349; am. 1974, ch. 27, sec. 44, p. 811; am. 1991, ch. 137, sec. 5, p. 323; am. 2000, ch. 469, sec. 68, p. 1518.]
Idaho Code § 23-951 — Idaho Code / Title 23 / Chapter 9 / Section 23-951
23-951 DISTILLED SPIRITS FUELS.
Status: in_force

23-951. Distilled spirits fuels. (1) Any person, partnership, association or corporation registered to produce alcohol for use in motor fuels and in possession of a federal operating permit pursuant to title 27, code of federal regulations, part 201.131 – 201.138 or part 201.64, 201.65 shall not be deemed to be making alcoholic liquor within the meaning of section 23-105, Idaho Code, provided:

(a) Such person, partnership, association or corporation prior to commencing operation furnishes the Idaho state police with a true copy of the operating permit application described in title 27, code of federal regulations, part 201.137 or 201.65 and a true copy of the operating permit or other authorizing document;

(b) Such person, partnership, association or corporation faithfully complies with all security and supervision requirements of the federal government; and

(c) Alcohol possessed or produced under the federal operating permit is not used, sold or made available for human consumption.

(2) The Idaho state police shall maintain a list of persons, partnerships, associations or corporations in the state of Idaho who hold federal operating permits as described in subsection (1) of this section.

History:

[(23-951) 23-950, added 1981, ch. 6, sec. 1, p. 13; am. 1987, ch. 86, sec. 6, p. 164; am. and redesignated 2000, ch. 469, sec. 65, p. 1516.]
Idaho Code § 23-938 — Idaho Code / Title 23 / Chapter 9 / Section 23-938
23-938 SELLING LIQUOR WITHOUT LICENSE — PENALTY.
Status: in_force

23-938. Selling liquor without license — Penalty. Any person who sells or keeps for sale any liquor without a license as provided in this act shall be guilty of a felony and upon conviction thereof shall be fined not less than one thousand dollars ($1,000) or more than five thousand dollars ($5,000), or be imprisoned in the state prison for not less than one (1) year nor more than five (5) years, or both such fine and imprisonment.

History:

[23-938, added 1947, ch. 274, sec. 35, p. 870.]
Idaho Code § 23-308B — Idaho Code / Title 23 / Chapter 3 / Section 23-308B
23-308B EFFECT OF LOCAL OPTION COUNTY ELECTION.
Status: in_force

23-308B. Effect of local option county election. Upon a canvass of the votes cast, the clerk of the county shall certify the result thereof to the director of the Idaho state police and to the director of the division. If a majority of the votes cast are "Shall the sale or delivery of any alcoholic liquor in, on, or from the premises of any state liquor store or distributing station be allowed on any Sunday which does not fall on Christmas Day, Yes," then all liquor stores and distributing stations in the county shall be allowed to transact the sale or delivery of any alcoholic liquor in, on, or from all such premises in the county on any Sunday which does not fall on Christmas Day.

History:

[23-308B, added 2004, ch. 79, sec. 4, p. 305; am. 2009, ch. 23, sec. 24, p. 60.]
Idaho Code § 23-1024 — Idaho Code / Title 23 / Chapter 10 / Section 23-1024
23-1024 FALSE REPRESENTATION AS BEING TWENTY-ONE OR MORE YEARS OF AGE A MISDEMEANOR.
Status: in_force

23-1024. False representation as being twenty-one or more years of age a misdemeanor. Any person under the age of twenty-one (21) years who shall by any means represent to any person licensed to sell beer at retail or wholesale, or to any agent or employee of such retail or wholesale licensee, that he or she is twenty-one (21) or more years of age for the purpose of entering licensed premises or inducing such retail or wholesale licensee, his agent or employee, to sell, serve or dispense beer to him or her shall be guilty of a misdemeanor.

Any person who shall by any means represent to any such retail or wholesale licensee, his agent or employee, that any other person is twenty-one (21) or more years of age, when in fact such other person is under the age of twenty-one (21) years, for the purpose of entering licensed premises or inducing such retail or wholesale licensee, his agent or employee, to sell, serve or dispense beer to such other person, shall be guilty of a misdemeanor.

History:

[I.C., sec. 23-1024, as added by 1953, ch. 72, sec. 1, p. 94; am. 1972, ch. 332, sec. 7, p. 834; am. 1987, ch. 212, sec. 12, p. 452; am. 1991, ch. 269, sec. 3, p. 661.]
Idaho Code § 23-707 — Idaho Code / Title 23 / Chapter 7 / Section 23-707
23-707 EVIDENCE OF REPUTATION ADMISSIBLE.
Status: in_force

23-707. Evidence of reputation admissible. At all hearings upon the merits, evidence of the general reputation of the building or place constituting the alleged nuisance, of the inmates thereof, and of those resorting thereto, is admissible for the purpose of proving the existence of such nuisance.

History:

[23-707, added 1939, ch. 222, sec. 1007, p. 465.]
Idaho Code § 23-1108 — Idaho Code / Title 23 / Chapter 11 / Section 23-1108
23-1108 NOTICE REQUIREMENTS.
Status: in_force

23-1108. Notice requirements. Notice by a supplier of any proposed amendment, modification, termination, cancellation, discontinuance or refusal to renew an agreement with the distributor shall be written, shall be provided to the distributor in the manner provided in the agreement, if written, or if the agreement is oral, by certified mail, and the notice shall contain all of the following:

(1) A statement of intention to amend, modify, terminate, cancel, discontinue or refuse to renew the agreement.

(2) A statement of the reason(s) for the amendment, modification, termination, cancellation, discontinuance or nonrenewal.

(3) The date on which the amendment, modification, termination, cancellation, discontinuance or nonrenewal will take effect.

History:

[23-1108, added 1993, ch. 312, sec. 1, p. 1155.]
Idaho Code § 23-911 — Idaho Code / Title 23 / Chapter 9 / Section 23-911
23-911 RESTRICTIONS ON MANUFACTURERS, TRANSPORTERS OR DISTILLERS.
Status: in_force

23-911. Restrictions on manufacturers, transporters or distillers. Except as provided in section 23-912, Idaho Code, no manufacturer, rectifier, wholesaler, stockholder, shareholder, partner, or the owner of any other interest in any corporations, association or partnership financially interested in the manufacture, transportation or sale of liquor shall furnish, give, rent, lend or sell any equipment or fixtures directly or indirectly, or through a subsidiary or affiliate or by any officer, director, or firm member of the industry or otherwise furnish financial aid to any person engaged in the sale of liquor hereunder and no licensee hereunder shall receive or be the beneficiary of any of the benefits hereby prohibited.

History:

[23-911, added 1947, ch. 274, sec. 11, p. 870; am. 1973, ch. 75, sec. 1, p. 121; am. 1999, ch. 141, sec. 2, p. 405.]
Idaho Code § 23-952 — Idaho Code / Title 23 / Chapter 9 / Section 23-952
23-952 CROSS-COUNTRY SKIING FACILITY — LICENSING EVEN IF OUTSIDE CORPORATE LIMITS OF CITY.
Status: in_force

23-952. Cross-country skiing facility — Licensing even if outside corporate limits of city. Nothing contained in law shall prohibit the issuance of a license to the owner, operator or lessee of an actual cross-country skiing facility if situated five (5) or more miles outside the corporate limits of a city. The provisions of section 23-910, Idaho Code, shall be applicable to licenses issued pursuant to this section. For the purposes of this section, a cross-country skiing facility shall comprise real property, open to the public, with not less than fifteen (15) miles of groomed cross-country skiing trails, and overnight accommodations for not less than twenty (20) persons. The fees for licenses granted under the provisions of this section shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code. Not more than one (1) licensed premises shall be permitted on any cross-country skiing facility or within the area comprising the facility.

History:

[23-952, added 1987, ch. 32, sec. 3, p. 54.]
Idaho Code § 23-1107 — Idaho Code / Title 23 / Chapter 11 / Section 23-1107
23-1107 SUPPLIER REQUIREMENTS UPON AMENDMENT, CANCELLATION OR REFUSAL TO RENEW AN AGREEMENT.
Status: in_force

23-1107. Supplier requirements upon amendment, cancellation or refusal to renew an agreement. Except as provided in sections 23-1105 and 23-1106, Idaho Code, a supplier may not amend, modify, terminate, cancel, discontinue, or refuse to renew an agreement with a distributor, or cause a distributor to resign from an agreement, unless the supplier has complied with the following requirements:

(1) The supplier shall give written notice to the distributor, as provided in section 23-1108, Idaho Code.

(2) The supplier acts in good faith. In any legal action, or dispute resolution proceeding, the supplier shall have the burden of proving that it acted in good faith.

(3) The supplier has good cause. In any legal action, or dispute resolution proceeding, the supplier shall have the burden of proving that it has good cause. Good cause exists when all of the following have occurred:

(a) The distributor has failed to comply substantially with essential and reasonable requirements imposed upon him by the agreement, if such requirements are not discriminatory, either by their terms or in the method of their enforcement, as compared with requirements imposed on other distributors in Idaho or similarly situated distributors in adjoining states and if such requirements are not in violation of any law or regulation.

(b) The supplier first acquired knowledge of the failure described in subsection (3)(a) of this section not more than twenty-four (24) months before the date notification was given pursuant to the provisions of section 23-1108, Idaho Code.

(c) The supplier has given written notice to the distributor, stating specifically the manner in which the distributor has failed to comply with the agreement.

(d) The distributor was given adequate opportunity to use good faith efforts to correct the failure to comply with the agreement. Adequate opportunity shall be thirty (30) days after receipt of the supplier's notice to submit a plan of corrective action to comply with the agreement and an additional ninety (90) days after the submission of a plan of corrective action to correct the failure in accordance with the plan.

History:

[23-1107, added 1993, ch. 312, sec. 1, p. 1154.]
Idaho Code § 23-521 — Idaho Code / Title 23 / Chapter 5 / Section 23-521
23-521 STORAGE OF HOMEMADE BEER, WINE, MEAD, CIDER, AND OTHER FERMENTED BEVERAGES.
Status: in_force

23-521. storage of homemade beer, wine, mead, cider, and other fermented beverages. (1) In addition to any other privilege granted to a licensee under this chapter, a licensee may allow homemade beer, wine, mead, cider, or other fermented beverages produced under section 23-501, Idaho Code, to be stored at the premises described in a full or limited on-premises sales license, off-premises sales license, brewery-public house license, brewery license, winery license, or warehouse license of the licensee. Homemade beer, wine, mead, cider, or other fermented beverages stored pursuant to this subsection must be clearly identified by the producer and kept separate from the alcoholic beverage stock of the licensee and may not be sold or made available for sale to the general public.

(2) A licensee may not acquire any ownership interest in any homemade beer, wine, mead, cider, or other fermented beverages produced under section 23-501, Idaho Code, that are stored pursuant to this section. However, this section does not prohibit a licensee from storing homemade beer, wine, mead, cider, or other fermented beverages produced under section 23-501, Idaho Code, in conducting an organized judging, tasting, exhibition, contest, or competition of the homemade beer, wine, mead, cider, or other fermented beverages, or related events, if the homemade beer, wine, mead, cider, or other fermented beverages are stored with the licensee for that purpose.

History:

[23-521, added 2022, ch. 136, sec. 3, p. 506.]
Idaho Code § 23-1337 — Idaho Code / Title 23 / Chapter 13 / Section 23-1337
23-1337 ALCOHOL BEVERAGE CATERING PERMIT.
Status: in_force

23-1337. Alcohol beverage catering permit. Any person who is the holder of an Idaho winery license shall be eligible to obtain an alcohol beverage catering permit. Two (2) or more wineries may use a winery's licensed premises to host an event under an alcohol beverage catering permit to serve and sell their respective wines at that event.

History:

[23-1337, added 1992, ch. 235, sec. 1, p. 703; am. 1999, ch. 58, sec. 6, p. 150; am. 2016, ch. 181, sec. 1, p. 491.]
Idaho Code § 23-945 — Idaho Code / Title 23 / Chapter 9 / Section 23-945
23-945 POSTING SIGNS AS TO RESTRICTION.
Status: in_force

23-945. Posting signs as to restriction. Every licensee herein referred to shall keep a sign conspicuously posted over or near each entrance to any place from which persons under twenty-one (21) years are herein restricted giving public notice of such fact. The wording and size of such signs shall be in accordance with such regulations as the director may prescribe.

History:

[23-945, added 1955, ch. 195, sec. 5, p. 420; am. 1972, ch. 330, sec. 7, p. 828; am. 1972, ch. 332, sec. 3, p. 834; am. 1974, ch. 27, sec. 39, p. 811; am. 1987, ch. 212, sec. 8, p. 451.]
Idaho Code § 23-606 — Idaho Code / Title 23 / Chapter 6 / Section 23-606
23-606 FALSE PROCUREMENT OF PERMIT OR LICENSE.
Status: in_force

23-606. False procurement of permit or license. Any person who procures, or attempts to procure, a permit or license under the provisions of title 23, Idaho Code, by false or fraudulent representations, or under a false or fictitious name, shall be guilty of a misdemeanor.

History:

[23-606, added 1939, ch. 222, sec. 906, p. 465; am. 1999, ch. 59, sec. 5, p. 152.]
Idaho Code § 23-1310 — Idaho Code / Title 23 / Chapter 13 / Section 23-1310
23-1310 STORAGE OR PURCHASE BY DISTRIBUTOR — FROM WHOM PURCHASED.
Status: in_force

23-1310. Storage or purchase by distributor — From whom purchased. No distributor may store or purchase wine for purposes of storage or resale unless said wine has been received from persons holding a valid wine importer's license, a valid wine distributor's license, a valid winery license, or a valid bonded wine warehouse license.

History:

[23-1310, added 1971, ch. 156, sec. 10, p. 760; am. 1984, ch. 221, sec. 4, p. 533; am. 2020, ch. 10, sec. 4, p. 15.]
Idaho Code § 23-615 — Idaho Code / Title 23 / Chapter 6 / Section 23-615
23-615 RESTRICTIONS ON SALE.
Status: in_force

23-615. Restrictions on sale. No person licensed pursuant to title 23, Idaho Code, or his or its employed agents, servants or bartenders shall sell, deliver or give away, or cause or permit to be sold, delivered, or given away, or allowed to be consumed, any alcohol beverage, including any distilled spirits, beer or wine, to:

(1) Any person under the age of twenty-one (21) years, proof of which shall be a validly issued state, district, territorial, possession, provincial, national or other equivalent government driver's license, identification card or military identification card bearing a photograph and date of birth, or a valid passport.

(2) Any person actually, apparently or obviously intoxicated.

(3) An habitual drunkard.

(4) An interdicted person.

Any person under the age of twenty-one (21) years, or other person, who knowingly misrepresents his or her qualifications for the purpose of entering licensed premises or for obtaining alcohol beverages from such licensee shall be equally guilty with such licensee and shall, upon conviction thereof, be guilty of a misdemeanor.

History:

[23-615, added 1999, ch. 59, sec. 8, p. 154.]
Idaho Code § 23-914 — Idaho Code / Title 23 / Chapter 9 / Section 23-914
23-914 LICENSEE MUST PURCHASE FROM DIVISION — PRICE.
Status: in_force

23-914. Licensee must purchase from division — Price. All liquor sold by any licensee shall be purchased from the division through its regular retail stores and distributing stations at the posted price thereof. The division is hereby authorized and directed to make such sales pursuant to section 23-309, Idaho Code, upon a special permit issued to such licensee in such form as shall be prescribed by the director of the division. The posted price as used herein shall mean the retail price of such liquor as fixed and determined by the division.

It shall be unlawful for any licensee to sell, or keep for sale, or have on his premises for any purpose whatsoever, any liquor except that purchased as herein authorized and provided, and any licensee found in possession of, selling or keeping for sale any liquor not purchased as herein authorized shall be guilty of a felony and upon conviction thereof shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or by imprisonment in the state prison for not more than five (5) years, or by both such fine and imprisonment. Any license issued to such person shall be immediately and permanently revoked. The amount of liquor to be sold to licensees hereunder in any city or village shall be determined by the director or other executive officer of the division, but such sales shall be regulated so as to maintain adequate stocks of merchandise for sale to persons other than said licensees.

The provisions of this section notwithstanding, railroad companies shall have the right to have in their possession liquors other than those purchased from the division.

History:

[23-914, added 1947, ch. 274, sec. 14, p. 870; am. 1949, ch. 277, sec. 2, p. 567; am. 1988, ch. 216, sec. 2, p. 411; am. 2009, ch. 23, sec. 53, p. 67; am. 2012, ch. 113, sec. 18, p. 316.]
Idaho Code § 23-512 — Idaho Code / Title 23 / Chapter 5 / Section 23-512
23-512 SALES FOR MEDICAL OR SCIENTIFIC PURPOSES.
Status: in_force

23-512. Sales for medical or scientific purposes. Under such rules and regulations as the division may adopt, it has authority to make sales of alcoholic liquor and ethyl alcohol from the division only:

(a) To a registered pharmacist operating a drug store, for scientific and mechanical purposes and for compounding and preparing medicines.

(b) To a licensed physician, dentist, or veterinarian or other licensed practitioner entitled to prescribe for healing purposes, for administering medicinally and in compounding prescriptions.

(c) To a person in charge of a regularly conducted hospital or sanitorium for administering to the sick and aged.

(d) To a person in charge of a laboratory for use in scientific pursuits and experiments.

(e) For other purposes, similar to those mentioned in this section and not specifically covered by this act.

History:

[23-512, added 1939, ch. 222, sec. 812, p. 465; am. 1963, ch. 296, sec. 3, p. 785; am. 2009, ch. 23, sec. 41, p. 64.]
Idaho Code § 23-407 — Idaho Code / Title 23 / Chapter 4 / Section 23-407
23-407 DEPOSIT OF REVENUE.
Status: in_force

23-407. Deposit of revenue. It shall be the duty of all special distributors, officers, agents, and employees to report and pay over to the division, in such manner and pursuant to such rules as may be adopted by it, all revenues derived from the sale of alcoholic beverages, all revenues derived from the sale of all other merchandise sold on behalf of the division, excise taxes, licenses, permits, fees, profits on sales, or other revenues resulting from the operation of this act, and the division shall deposit the same with the state treasurer to the credit of the liquor fund.

History:

[23-407, added 1939, ch. 222, sec. 707, p. 465; am. 2006, ch. 18, sec. 6, p. 70; am. 2009, ch. 23, sec. 33, p. 63.]
Idaho Code § 23-409 — Idaho Code / Title 23 / Chapter 4 / Section 23-409
23-409 DRUG AND MENTAL HEALTH COURT SUPERVISION FUND.
Status: in_force

23-409. Drug and mental health court supervision fund. There is hereby created in the state treasury, the drug and mental health court supervision fund. Moneys remitted to the drug and mental health court supervision fund by the division are intended to be utilized by the Idaho department of correction for the supervision of offenders sentenced to drug or mental health court. Moneys in the fund may be expended pursuant to appropriation and are intended to assist the courts in managing and monitoring this high-risk and high-need population. The state treasurer is authorized to invest all idle moneys in the fund and the interest earned on such investment shall be returned to the fund.

History:

[23-409, added 2007, ch. 141, sec. 3, p. 409; am. 2009, ch. 23, sec. 35, p. 63.]
Idaho Code § 23-603 — Idaho Code / Title 23 / Chapter 6 / Section 23-603
23-603 DISPENSING TO A PERSON UNDER THE AGE OF TWENTY-ONE YEARS.
Status: in_force

23-603. Dispensing to a person under the age of twenty-one years. Any person who is eighteen (18) years of age or older who shall sell, give, or furnish, or cause to be sold, given, or furnished, alcohol beverage, including any distilled spirits, beer or wine, to a person under the age of twenty-one (21) years shall be guilty of a misdemeanor and upon conviction thereof may be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) per violation, or by imprisonment in the county jail for a period not to exceed one (1) year, or by both such fine and imprisonment. A second or subsequent violation of this section by the same defendant shall constitute a misdemeanor and upon conviction thereof the defendant shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000) per violation, or imprisonment in the county jail for a period not to exceed one (1) year, or by both such fine and imprisonment. Notwithstanding the provisions of section 19-4705, Idaho Code, moneys received pursuant to such fines shall be deposited in the substance abuse treatment fund, as created in section 23-408, Idaho Code. Upon conviction of any person for a violation of the provisions of this section, the court shall notify the director of the Idaho state police. The director shall review the circumstances of the conviction, and if the dispensing took place at a licensed establishment or other retailer or distributor, the director may take administrative action he considers appropriate against the licensee or business including suspension of the license for not to exceed six (6) months, a fine, or both such suspension and fine.

History:

[23-603, added 1939, ch. 222, sec. 903, p. 465; am. 1972, ch. 330, sec. 2, p. 828; am. 1987, ch. 212, sec. 3, p. 450; am. 1999, ch. 59, sec. 3, p. 152; am. 1999, ch. 397, sec. 1, p. 1112; am. 2000, ch. 469, sec. 56, p. 1508; am. 2004, ch. 192, sec. 1, p. 602; am. 2007, ch. 141, sec. 4, p. 409.]
Idaho Code § 23-708 — Idaho Code / Title 23 / Chapter 7 / Section 23-708
23-708 PERPETUAL INJUNCTION AND ORDER OF ABATEMENT — EXECUTION OF ORDER.
Status: in_force

23-708. Perpetual injunction and order of abatement — Execution of order. If the existence of the nuisance is established, the court shall enter a decree perpetually restraining all persons from maintaining or permitting such nuisance, and from using the building or place in which the same is maintained for any purpose, for a period of one (1) year thereafter, unless such decree is sooner vacated, as hereinafter provided. While said decree remains in effect, such building or place shall be in the custody of the court.

An order of abatement shall also issue as a part of such decree, which order shall direct the sheriff of the county to remove from such building or place all fixtures and movable property used in conducting or aiding or abetting such nuisance, to sell the same in the manner provided by law for the sale of chattels under execution, to close such building or place against its use for any purpose, and to keep it closed for a period of one (1) year, unless sooner released as hereinafter provided. The sheriff's fees for removing and selling the movable property shall be taxed as a part of the costs, and shall be the same as those for levying upon and selling like property under execution. For closing the building and keeping it closed the court shall allow a reasonable fee to be taxed as a part of the costs.

History:

[23-708, added 1939, ch. 222, sec. 1008, p. 465.]
Idaho Code § 23-913 — Idaho Code / Title 23 / Chapter 9 / Section 23-913
23-913 LICENSEE NOT ALLOWED NEAR CHURCHES OR SCHOOLS — EXCEPTIONS.
Status: in_force

23-913. Licensee not allowed near churches or schools — Exceptions. No license shall be issued for any premises in any neighborhood which is predominantly residential or within 300 feet of any public school, church, or any other place of worship, measured in a straight line to the nearest entrance to the licensed premises, except with the approval of the governing body of the municipality; provided, that this limitation shall not apply to any duly licensed premises that at the time of licensing did not come within the restricted area but subsequent to licensing same therein.

History:

[23-913, added 1947, ch. 274, sec. 13, p. 870.]
Idaho Code § 23-807 — Idaho Code / Title 23 / Chapter 8 / Section 23-807
23-807 COMPELLING ATTENDANCE OF WITNESSES — IMMUNITY OF WITNESSES — AUTHORITY OF ENFORCEMENT OFFICERS.
Status: in_force

23-807. Compelling attendance of witnesses — Immunity of witnesses — Authority of enforcement officers. The director of the Idaho state police and any prosecuting attorney of any county, for the purposes contemplated by this act, have power to issue subpoenas, compel the attendance of witnesses, administer oaths, certify to official acts, take depositions within and without the state of Idaho, as now provided by law, compel the production of pertinent books, payrolls, accounts, papers, records, documents and testimony. If a person in attendance before such director or prosecuting attorney refuses, without reasonable cause, to be examined or to answer a legal and pertinent question, or to produce a book or paper or other evidence when ordered so to do by the director or prosecuting attorney, said director or prosecuting attorney may apply to the judge of the district court of the county where such person is in attendance, upon affidavit for an order returnable not less than two (2) or more than five (5) days, directing such person to show cause before such judge, or any other judge of such district, why he should not be punished for contempt; upon the hearing of such order, if the judge shall determine that such person has refused, without reasonable cause or legal excuse, to be examined or to answer a legal or pertinent question, or to produce a book or paper which he was ordered to bring or produce, he may forthwith punish the offender as for contempt of court.

No person shall be excused from testifying or from producing any books or papers or documents in any investigation or inquiry by or upon any hearing before any officer so authorized upon the ground that the testimony or evidence, books, papers or documents required of him may tend to incriminate him or subject him to penalty or forfeiture; but no person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which he shall, under oath, have, by order of the said officer, testified to or produced documentary evidence of; provided, however, that no person so testifying shall be exempt from prosecution or punishment for any perjury testified by him.

Subpoenas shall be served and witness fees and mileage paid as allowed in civil cases in the district courts of this state.

Inspectors and investigators employed by the Idaho state police for the enforcement of this act shall have all the authority given by statute to peace officers of the state of Idaho, including authority to serve and execute warrants of arrest and warrants of search and seizure.

History:

[23-807, added 1939, ch. 222, sec. 1107, as added by 1943, ch. 175, sec. 4, p. 369; am. 1974, ch. 27, sec. 15, p. 811; am. 2000, ch. 469, sec. 60, p. 1510.]
Idaho Code § 23-1001 — Idaho Code / Title 23 / Chapter 10 / Section 23-1001
23-1001 DEFINITIONS.
Status: in_force

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 inside or outside of the state of Idaho.

(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 physically located within the state of Idaho 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; am. 2025, ch. 112, sec. 1, p. 596.]
Idaho Code § 23-1046 — Idaho Code / Title 23 / Chapter 10 / Section 23-1046
23-1046 SEPARABILITY.
Status: in_force

23-1046. Separability. If any portion of this act shall be declared unconstitutional, it shall not invalidate the other provisions thereof.

History:

[I.C., sec. 23-1046, as added by 1961, ch. 299, sec. 8, p. 543.]
Idaho Code § 23-1323 — Idaho Code / Title 23 / Chapter 13 / Section 23-1323
23-1323 RULES AND REGULATIONS CONCERNING EXCISE TAX — POWER OF TAX COMMISSION.
Status: in_force

23-1323. Rules and regulations concerning excise tax — Power of tax commission. The state tax commission shall be, and it is hereby authorized to adopt and promulgate such rules and regulations as it may be necessary to assure payment of taxes on wine, including but not limited to, rules and regulations prescribing the form and content of monthly reports required; requiring the persons liable for payment of taxes on wine to show on such monthly reports information concerning their inventories, purchases, sales and shipments of wine, requiring monthly informational reports from distributors concerning their inventories, purchases, sales and shipments of wine; requiring reports from carriers, both public and private, concerning deliveries of wine made in this state by such carriers, and shipments of wine made by such carriers out of this state; requiring distributors and persons liable for payment of taxes on wine to maintain complete and accurate books, records and accounts on transactions involving wine; and establishing grounds upon which delay in filing reports and paying taxes imposed upon wine may be considered justifiable and without fault on the part of the person liable therefor.

History:

[23-1323, added 1971, ch. 156, sec. 23, p. 760.]
Idaho Code § 23-1305 — Idaho Code / Title 23 / Chapter 13 / Section 23-1305
23-1305 RESTRICTIONS — AUTHORITY OF DIVISION PRESERVED.
Status: in_force

23-1305. Restrictions — Authority of division preserved. (a) Wine, as defined in this act, may be manufactured, imported into this state, possessed, distributed and sold in this state in the manner and under the conditions prescribed in this act and not otherwise.

(b) Nothing contained in this act shall prohibit the division from selling wine pursuant to the Idaho liquor act in any outlet of the division.

History:

[23-1305, added 1971, ch. 156, sec. 5, p. 760; am. 2009, ch. 23, sec. 55, p. 69.]
Idaho Code § 23-1014 — Idaho Code / Title 23 / Chapter 10 / Section 23-1014
23-1014 LICENSE FEES.
Status: in_force

23-1014. License fees. Every person licensed under the provisions of this chapter shall pay to the state of Idaho an annual license fee according to the following schedule:

(1) Brewer annually producing

(a) Under 10,000 gallons

(b) 10,000 to 100,000 gallons

(c) 100,000 to 930,000 gallons

(d) 930,000 gallons or more

A like amount shall be paid for each separate brewery operated by the licensee.

(2) Wholesaler

(a) For each separate warehouse used for the purpose of wholesaling or dispensing beer

(3) Dealer

(4) Retailer

(a) For each store from which beer is retailed

(b) For each store from which a licensed retailer sells keg beer for consumption off premises

Nothing in this chapter shall be so construed to prohibit municipalities or counties from licensing and regulating places of business where beer is sold to the consumer.

History:

[23-1014, added 1987, ch. 91, sec. 2, p. 173; am. 1994, ch. 13, sec. 1, p. 20.]
Idaho Code § 23-1408 — Idaho Code / Title 23 / Chapter 14 / Section 23-1408
23-1408 DIRECTOR TO PROMULGATE RULES.
Status: in_force

23-1408. Director to promulgate rules. For the purpose of the administration of this chapter, the director of the Idaho state police shall promulgate and publish such rules as the director may deem necessary for carrying out the provisions of this chapter.

History:

[23-1408, added 1989, ch. 208, sec. 1, p. 512; am. 2000, ch. 469, sec. 74, p. 1522.]
Idaho Code § 23-955 — Idaho Code / Title 23 / Chapter 9 / Section 23-955
23-955 SPLIT OWNERSHIP FACILITY — LICENSING.
Status: in_force

23-955. Split ownership facility — Licensing. Nothing contained in this chapter shall prohibit the issuance of a license to the owner, operator or lessee of a premises that has been, because of a split in ownership of the original premises, separated from a ski resort facility or golf course already licensed under the provisions of section 23-903, Idaho Code. The provisions of section 23-910, Idaho Code, shall be applicable to licenses issued pursuant to this section. The fees for licenses granted under the provisions of this section shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code. Licenses issued under the provisions of this section are not transferable.

History:

[23-955, added 1994, ch. 432, sec. 1, p. 1396; am. 1995, ch. 145, sec. 1, p. 612; am. 2004, ch. 259, sec. 1, p. 734.]
Idaho Code § 23-1111 — Idaho Code / Title 23 / Chapter 11 / Section 23-1111
23-1111 ARBITRATION.
Status: in_force

23-1111. Arbitration. Any dispute arising under the provisions of this chapter may be settled by such dispute resolution procedures, including arbitration, as may be provided by a written agreement between the parties. In the absence of a written agreement providing for dispute resolution procedures, any dispute arising under the provisions of this chapter may be settled by arbitration, if every party involved in the dispute agrees to arbitrate. Arbitration shall be conducted in accordance with the uniform arbitration act of the state of Idaho, chapter 9, title 7, Idaho Code.

History:

[23-1111, added 1993, ch. 312, sec. 1, p. 1156.]
Idaho Code § 23-607 — Idaho Code / Title 23 / Chapter 6 / Section 23-607
23-607 ADVERTISING.
Status: in_force

23-607. Advertising. Except as permitted by federal statute and regulations, there shall be no public advertisement or advertising of alcoholic liquors in any manner or form within the state of Idaho.

(1) No person shall publish, exhibit, or display or permit to be displayed any other advertisement or form of advertisement, or announcement, publication, or price list of, or concerning any alcoholic liquors, or where, or from whom the same may be purchased or obtained, unless permitted so to do by the regulations enacted by the division and then only in strict accordance with such regulations.

(2) This section of the act shall not apply however:

(a) To the division.

(b) To the correspondence or general communications of the division, or its agents and employees.

A violation of this section shall constitute a misdemeanor.

History:

[23-607, added 1939, ch. 222, sec. 907, p. 465; am. 2009, ch. 23, sec. 49, p. 66; am. 2012, ch. 113, sec. 15, p. 315.]
Idaho Code § 23-943A — Idaho Code / Title 23 / Chapter 9 / Section 23-943A
23-943A IDENTIFICATION.
Status: in_force

23-943A. Identification. It shall be a misdemeanor for any person to refuse to present identification indicating age, when requested by a peace officer of the state of Idaho when: (a) he or she shall possess, purchase, attempt to purchase or consume alcoholic liquor, as defined by section 23-105, Idaho Code; or (b) he or she shall possess, purchase, attempt to purchase or consume beer as defined by section 23-1001, Idaho Code; or (c) he or she is on a premises licensed to sell liquor by the drink at retail, or licensed to sell beer for consumption on the premises.

History:

[23-943A, added 1977, ch. 264, sec. 1, p. 772.]
Idaho Code § 23-944 — Idaho Code / Title 23 / Chapter 9 / Section 23-944
23-944 EXCEPTIONS FROM RESTRICTION ON ENTERING OR REMAINING.
Status: in_force

23-944. Exceptions from restriction on entering or remaining. It shall not be unlawful for, nor shall section 23-943, Idaho Code, be construed to restrict, any person under the age of twenty-one (21) years from entering or being:

(1) Upon the premises of any restaurant, as herein defined, or in any railroad observation or club car or any airplane of a commercial airline, notwithstanding that such premises may also be licensed for the sale of liquor by the drink or for the sale of beer for consumption on the premises or that alcoholic beverages, or beer, or both, are prepared, mixed or dispensed and served and consumed therein;

(2) In any building, a part or portion of which is used as a place, as herein defined, provided such place is separated or partitioned from the remainder of said building and access to such place through a doorway or doorways or other means of ingress can be controlled to prevent persons under the ages specified with respect thereto in section 23-943, Idaho Code, from entering therein;

(3) In any baseball park, sports arena, convention center, multipurpose arena, plaza, theater that is presenting live performances, or fairgrounds, notwithstanding that such premises or any portion thereof may be licensed for the sale of liquor by the drink, wine or beer for consumption on the premises or that such products are dispensed and served and consumed therein; provided, that the person under the age of twenty-one (21) years is attending a lawful activity, show, exhibition, performance or event on the premises or is required to be present as a condition of his employment. It is lawful for persons under the age of twenty-one (21) years to enter and remain in a baseball park, sports arena, convention center, multipurpose arena, plaza, theater that is presenting live performances, or fairgrounds as long as the activity, show, exhibition, performance or event is lawful and the person does not violate section 23-949, Idaho Code;

(4) Upon the premises of any licensed brewery or winery notwithstanding that such premises or any portion thereof may also be licensed for the sale of beer or wine for consumption on the premises or that beer or wine is dispensed and served and consumed therein;

(5) Upon the licensed premises of a wine retailer, wholly owned and operated by a licensed winery that retails exclusively the products of that winery;

(6) At a location, other than a liquor, beer, or wine licensed premises, authorized to serve alcoholic beverages under a valid alcohol beverage catering permit;

(7) In any movie theater that is allowed to sell beer or wine for consumption on the premises pursuant to a valid license and which movie theater had a license that was valid and not suspended or revoked on July 1, 2025, and in any other theater or movie theater that is located in a building listed on the national register of historic places. No films, still pictures, electronic reproductions or other visual reproductions that are in violation of chapter 41, title 18, Idaho Code (indecency and obscenity), or are in violation of federal law regarding pornography, indecency or obscenity shall be shown or displayed on the premises. As used in this subsection, "movie theater" means a motion picture theater that is being utilized solely for exhibition of a motion picture; or

(8) Upon the licensed premises of a distillery, as described in section 23-903(14), Idaho Code, that sells liquor exclusively from the brands owned by the distillery.

History:

[23-944, added 1955, ch. 195, sec. 4, p. 420; am. 1972, ch. 330, sec. 6, p. 828; am. 1972, ch. 332, sec. 2, p. 834; am. 1987, ch. 212, sec. 7, p. 451; am. 1990, ch. 320, sec. 1, p. 876; am. 1999, ch. 58, sec. 5, p. 149; am. 2000, ch. 361, sec. 1, p. 1198; am. 2003, ch. 111, sec. 2, p. 350; am. 2006, ch. 378, sec. 1, p. 1171; am. 2016, ch. 357, sec. 2, p. 1050; am. 2019, ch. 83, sec. 2, p. 200; am. 2019, ch. 87, sec. 1, p. 212; am. 2020, ch. 9, sec. 1, p. 11; am. 2025, ch. 189, sec. 1, p. 881; am. 2026, ch. 137, sec. 4, p. 656.]
Idaho Code § 23-301 — Idaho Code / Title 23 / Chapter 3 / Section 23-301
23-301 LIQUOR STORES — NOTICE OF INTENT TO LOCATE.
Status: in_force

23-301. Liquor stores — Notice of intent to locate. (a) The division may establish and maintain liquor stores in any city organized under general or special law. Before any store site or distributing station may be established within a city or unincorporated area that does not have a distributing station, the division shall have printed in the city's official newspaper, as defined in section 50-213, Idaho Code, a legal notice of the division's intent to establish a liquor store or distributing station in the city and that a public hearing will be held regarding the proposed liquor store if the requirements specified herein are satisfied. The legal notice shall contain the time, date and place of the hearing and the address where the liquor store or distributing station is proposed to be located, notice of the right to protest the location, the requirements necessary to be satisfied before a public hearing will be held, and shall be a twenty (20) days' notice as described in section 60-109, Idaho Code. If the lesser of twenty-five (25) people or ten percent (10%) of the eligible voters living in precincts, any part of which is located within a one thousand (1,000) foot radius surrounding the proposed site, sign a petition which protests the proposed site of the liquor store or distributing station and present it to the director or his designated representative, a public hearing shall be held within one (1) week after the last legal notice has been published.

(b) If fifty percent (50%) or more of the eligible voters living in precincts, any part of which is located within a one thousand (1,000) foot radius surrounding the proposed site of the liquor store or distributing station, sign a petition which protests the proposed site of the liquor store or distributing station and present it to the director or his designated representative within five (5) business days after the public hearing, the division shall not place a liquor store or distributing station at the proposed site.

(c) The division may classify liquor stores according to the volume of their sales.

History:

[23-301, added 1939, ch. 222, sec. 601, p. 465; am. 1978, ch. 237, sec. 1, p. 506; am. 1980, ch. 68, sec. 1, p. 143; am. 1980, ch. 301, sec. 1, p. 778; am. 2009, ch. 23, sec. 18, p. 57; am. 2012, ch. 113, sec. 8, p. 313.]