Idaho Code § 23-1316 — Idaho Code / Title 23 / Chapter 13 / Section 23-1316
23-1316 EXPIRATION AND RENEWAL OF LICENSES.
Status: in_force

23-1316. Expiration and renewal of licenses. All licenses issued pursuant to the provisions of this chapter shall expire at 1:00 o'clock 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 their 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, however, shall not be permitted to engage in any activity authorized by the license during the thirty-one (31) day extended time period unless and until the license is renewed. Renewal of such licenses shall be on forms prescribed and furnished by the issuing authority. The renewal form shall be submitted, together with the required license fees, and an affidavit verifying that the information contained in the original application is unchanged, or if there are material changes, indicating such changes.

History:

[23-1316, added 1971, ch. 156, sec. 16, p. 760; am. 2001, ch. 30, sec. 3, p. 47.]
Idaho Code § 23-515 — Idaho Code / Title 23 / Chapter 5 / Section 23-515
23-515 INSPECTION AND EXAMINATION OF RECORDS OF PERMITS AND SALES.
Status: in_force

23-515. Inspection and examination of records of permits and sales. The records of the division with respect to permits and sales thereunder shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

History:

[23-515, added 1939, ch. 222, sec. 815, p. 465; am. 1990, ch. 213, sec. 19, p. 501; am. 2009, ch. 23, sec. 44, p. 65; am. 2015, ch. 141, sec. 37, p. 412.]
Idaho Code § 23-903a — Idaho Code / Title 23 / Chapter 9 / Section 23-903a
23-903a LICENSE TO RETAIL LIQUOR — SKI RESORTS — CROSS-COUNTRY SKIING FACILITIES.
Status: in_force

23-903a. License to retail liquor — Ski resorts — Cross-country skiing facilities. If the director determines that an applicant or applicants are qualified to receive a ski resort or cross-country skiing facility license, he shall notify the chairman of the board of county commissioners in the county in which the ski resort or cross-country skiing facility license is to be issued. The county commissioners shall, within fifteen (15) days after receipt of notification from the director, approve or disapprove the issuance of the license. In the event the county commissioners do not approve the proposed license, a license shall not be issued.

History:

[23-903a, added 1972, ch. 34, sec. 2, p. 52; am. 1974, ch. 27, sec. 19, p. 811; am. 1987, ch. 32, sec. 1, p. 53.]
Idaho Code § 23-604A — Idaho Code / Title 23 / Chapter 6 / Section 23-604A
23-604A MINORS — LIMITED USE IMMUNITY.
Status: in_force

23-604A. MINORS — LIMITED USE IMMUNITY. (1) Any person under twenty-one (21) years of age who, acting in good faith and for a medical emergency:

(a) Is a person seeking or needs emergency medical assistance for himself or others;

(b) Remains on the scene until emergency medical assistance or law enforcement officers arrive; and

(c) Cooperates with emergency medical assistance and law enforcement personnel at the scene;

shall have limited use immunity such that evidence obtained solely as a result of the person having sought, received or rendered emergency medical services as set forth in this section may not be used against the person for any violation of section 23-604 or 23-949, Idaho Code, for consuming or possessing an alcoholic beverage.

(2) The provisions of this section shall have no applicability to the prosecution of any criminal charges other than the consumption or possession of an alcoholic beverage by a person under twenty-one (21) years of age under section 23-604 or 23-949, Idaho Code, and shall not prevent a prosecution based on evidence not obtained as described in subsection (1) of this section.

History:

[23-604A, added 2016, ch. 346, sec. 1, p. 998.]
Idaho Code § 23-1112 — Idaho Code / Title 23 / Chapter 11 / Section 23-1112
23-1112 JUDICIAL REMEDIES OF PARTIES.
Status: in_force

23-1112. Judicial remedies of parties. (1) If a supplier engages in conduct prohibited under the provisions of this chapter, a distributor with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages, court costs, and, in the court's discretion, attorney's fees, reasonably incurred as the result of the prohibited conduct. If a distributor engages in conduct prohibited under the provisions of this chapter, a supplier with which the distributor has an agreement may maintain a civil action against the distributor to recover actual damages, court costs and, in the court's discretion, attorney's fees reasonably incurred as a result of the prohibited conduct. Actual damages shall include damages to any ancillary business incurred as a result of the prohibited conduct.

(2) A supplier or distributor may bring an action for declaratory judgment for determination of any controversy arising pursuant to the provisions of this chapter.

(3) Upon proper application to the court, a supplier or distributor may obtain injunctive relief against any violation of the provisions of this chapter.

(4) The remedies provided in this section shall not abolish any other cause of action or remedy available to the supplier or the distributor.

(5) Nothing contained in this chapter shall give rise to a claim against the supplier or distributor by any proposed transferee of the distributor's business.

History:

[23-1112, added 1993, ch. 312, sec. 1, p. 1156.]
Idaho Code § 23-308A — Idaho Code / Title 23 / Chapter 3 / Section 23-308A
23-308A FORM OF LOCAL OPTION COUNTY ELECTION BALLOT.
Status: in_force

23-308A. Form of local option county election ballot. The county clerk shall furnish the ballots to be used in the local option county election, which ballots shall contain the following words:

"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."

"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, No."

and the elector in order to vote must mark an "X" or other mark sufficient to show his intent, opposite one (1) of the questions in a space provided therefor.

History:

[23-308A, added 2004, ch. 79, sec. 3, p. 304.]
Idaho Code § 23-1035 — Idaho Code / Title 23 / Chapter 10 / Section 23-1035
23-1035 RETAILER'S SIGNS.
Status: in_force

23-1035. Retailer's signs. Signs indicating that beer is sold or dispensed on any particular premises shall be displayed only on the exterior portion of the building where the licensed retailer shall carry on his business of selling beer at retail or on property on which any such building is situated and which is owned or possessed by such retailer as a part of his business premises. No more than two (2) single-faced signs or one (1) double-faced sign indicating that beer is sold or dispensed on the premises shall be displayed on such building or property. No dimension of any such sign shall exceed sixty (60) inches and the area of each face of a double-faced and of each single-faced sign shall not exceed fifteen hundred (1,500) square inches measured in such manner as the director may by regulation prescribe. No such sign shall display or make reference to the name of any brewer or the trade name, trademark or label of any brand of beer.

History:

[I.C., sec. 23-1035, as added by 1961, ch. 299, sec. 5, p. 543; am. 1974, ch. 27, sec. 51, p. 811; am. 1994, ch. 14, sec. 9, p. 28.]
Idaho Code § 23-940 — Idaho Code / Title 23 / Chapter 9 / Section 23-940
23-940 ALCOHOL BEVERAGE CONTROL FUND.
Status: in_force

23-940. alcohol beverage control fund. (1) There is hereby created in the state treasury the alcohol beverage control fund. All moneys from license and transfer fees that are collected by the director pursuant to the provisions of this chapter, as well as any collections from the beer excise tax as provided in section 23-1008, Idaho Code, shall be paid over to the state treasurer for deposit in the alcohol beverage control fund. Expenditures of moneys in the fund shall be subject to legislative appropriation for the use of the Idaho state police alcohol beverage control bureau in carrying out the provisions of title 23, Idaho Code, and the rules promulgated by the director thereunder. At the beginning of each fiscal year, those moneys in the alcohol beverage control fund that exceed two hundred percent (200%) of that fiscal year appropriation, as certified by the state treasurer, shall be transferred to the general fund.

(2) All other moneys collected by the director pursuant to the provisions of this chapter shall be paid over to the state treasurer for deposit in the general fund.

History:

[23-940, added 1947, ch. 274, sec. 37, p. 870; am. 1974, ch. 27, sec. 38, p. 811; am. 2012, ch. 160, sec. 1, p. 435; am. 2026, ch. 200, sec. 1, p. 870.]
Idaho Code § 23-206 — Idaho Code / Title 23 / Chapter 2 / Section 23-206
23-206 POWERS AND DUTIES OF DIRECTOR AS SUCCESSOR TO IDAHO LIQUOR BOARD.
Status: in_force

23-206. Powers and duties of director as successor to Idaho liquor board. The director of the division shall have the following general powers and duties. (a) Supervision: To exercise general supervision of the conduct and business of the division. (b) Rules and Regulations: To promulgate rules and regulations in the exercise of the governmental and proprietary powers and duties of the division.

History:

[23-206, added 1939, ch. 222, sec. 307, p. 465; am. 1941, ch. 10, sec. 3, p. 20; am. 2009, ch. 23, sec. 8, p. 55.]
Idaho Code § 23-1328 — Idaho Code / Title 23 / Chapter 13 / Section 23-1328
23-1328 RETAILER'S NAME ON LABELS PROHIBITED — DISCRIMINATION AMONG RETAILERS PROHIBITED.
Status: in_force

23-1328. Retailer's name on labels prohibited — Discrimination among retailers prohibited. No label on a wine container shall be used or placed thereon which indicates that a retailer is the producer or the bottler thereof or which contains the name of a retailer in any manner, except in the case of wineries licensed under this chapter, in which case such winery may sell a product processed and bottled by or for that winery upon satisfaction of all terms and conditions of this chapter relating to licensure for retail sale of wine. No distributor shall restrict the sale of wine for which the distributor has filed a price schedule in accordance with the provisions of this act to one retailer or to retail premises under common ownership or associated together in, by, or through a buying organization or agency which represents a common identity to the public; nor shall such distributor refuse to sell or distribute wine to a retailer on terms and conditions different from those terms and conditions upon which said distributor sells or distributes wine to other retailers.

History:

[23-1328, added 1971, ch. 156, sec. 28, p. 760; am. 1984, ch. 221, sec. 11, p. 537; am. 1987, ch. 169, sec. 6, p. 333; am. 1993, ch. 333, sec. 3, p. 1233.]
Idaho Code § 23-954 — Idaho Code / Title 23 / Chapter 9 / Section 23-954
23-954 THEME PARKS — LICENSING.
Status: in_force

23-954. Theme parks — Licensing. Nothing contained in this chapter shall prohibit the issuance of a license to the owner, operator or lessee of a theme park, even if situated outside the incorporated limits of a city. A "theme park" means a facility located on not less than forty (40) contiguous acres, and permanently constructed for the purpose of conducting, presenting or providing activities and services normally related to family oriented entertainment and recreational programs, which is open to the public and which provides meeting facilities. 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.

History:

[23-954, added 1988, ch. 307, sec. 1, p. 962.]
Idaho Code § 23-1401 — Idaho Code / Title 23 / Chapter 14 / Section 23-1401
23-1401 DEFINITIONS.
Status: in_force

23-1401. Definitions. As used in this chapter:

(1) "Alcoholic beverages" means such beverages as defined in section 23-105, Idaho Code, as alcoholic liquor, including alcohol, spirits, wine or any combination thereof, and beverages defined in section 23-1001, Idaho Code, as beer.

(2) "Legal drinking age" means the age when a person is legally allowed to purchase or consume any alcoholic beverage, as provided in section 23-615, Idaho Code.

(3) "Hospitality cabinet" means a closed container, either refrigerated in whole or in part or nonrefrigerated, where access to the interior portion containing alcoholic beverages is restricted by means of a locking device that requires the use of a key, magnetic card, or similar device.

(4) "Qualified facility" means a hotel, inn, or motel that is licensed to sell alcoholic beverages for on-premises consumption and that contains guest room accommodations. It shall also include condominiums owned or managed by an otherwise qualified facility.

(5) "Qualified registered guest" means each person of legal drinking age who signs the guest register of a qualified facility or takes some other equivalent action for the purpose of registering as a guest of such qualified facility.

History:

[23-1401, added 1989, ch. 208, sec. 1, p. 511; am. 1999, ch. 59, sec. 12, p. 155; am. 2024, ch. 16, sec. 7, p. 140.]
Idaho Code § 23-1105 — Idaho Code / Title 23 / Chapter 11 / Section 23-1105
23-1105 SUPPLIER'S RIGHT TO AMEND, CANCEL OR FAIL TO RENEW IMMEDIATELY UPON WRITTEN NOTICE — GROUNDS.
Status: in_force

23-1105. Supplier's right to amend, cancel or fail to renew immediately upon written notice — Grounds. A supplier may amend, modify, terminate, cancel, discontinue or fail to renew an agreement with a distributor immediately upon written notice given by the supplier as provided in section 23-1108, Idaho Code, only if any of the following occur:

(1) Revocation or suspension of a governmental permit or license held by the distributor whereby the distributor cannot service the distributor's sales territory for a period of more than thirty (30) days.

(2) The distributor 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 distributor's business or assets, or an order for relief under chapter 7, title 11, United States Code, has been entered with respect to the distributor.

(3) A stockholder or a partner of the distributor who holds or owns ten percent (10%) or more of the stock or value of the distributor has been convicted of a felony under the laws of the United States or the laws of any state which conviction would adversely affect the good will or interests of the distributor or supplier. Provided however, that if another stockholder or other stockholders, or partner or partners, or a designated member or members, or other person, notifies the supplier in writing prior to the conviction of an intent to purchase the partnership interest or the stock of the offending stockholder or partner and then purchases the interest or stock within thirty (30) days after a final conviction or within thirty (30) days after the supplier has consented to the transfer, whichever event occurs last, the supplier shall not amend, modify, terminate, cancel, discontinue or fail to renew such agreement. Any purchase of an interest or stock pursuant to the provisions of this subsection shall comply with the requirements and conditions of supplier consent contained in the provisions of section 23-1104, Idaho Code.

(4) An assignment of the distributor's agreement with the supplier, or a transfer of the distributor's business, other than to a designated member, has been made without written notice as provided under the provisions of this chapter.

(5) Fraud by the distributor in his dealings with the supplier or with reference to supplier's products.

(6) The distributor has failed to pay for products ordered and delivered in accordance with established terms with a supplier and fails to make full payment within five (5) business days after receipt of written notice of the delinquency and demand for immediate payment from the supplier.

(7) A transfer of the distributor's business is made despite timely and proper notice of disapproval by the supplier.

(8) The distributor has sold or delivered beer to a retailer whose premises are outside of the territory assigned to the distributor by the supplier in the agreement.

History:

[23-1105, added 1993, ch. 312, sec. 1, p. 1153.]
Idaho Code § 23-934C — Idaho Code / Title 23 / Chapter 9 / Section 23-934C
23-934C REGULATORY AND PENALTY PROVISIONS APPLICABLE.
Status: in_force

23-934C. Regulatory and penalty provisions applicable. All of the regulatory and penal provisions of title 23, Idaho Code, shall apply to the exercise of alcohol beverage catering permits, including the penalties for violations thereof, except such provisions declared to be inapplicable to alcohol beverage catering permits by rules prescribed by the director of the Idaho state police; provided, however, the director shall have no power to declare inapplicable any of the provisions of section 23-927, Idaho Code.

History:

[I.C., sec. 23-934C, as added by 1965, ch. 211, sec. 2, p. 484; am. 1999, ch. 58, sec. 4, p. 149; am. 2000, ch. 469, sec. 64, p. 1516.]
Idaho Code § 23-1406 — Idaho Code / Title 23 / Chapter 14 / Section 23-1406
23-1406 STORAGE AND RESTOCKING.
Status: in_force

23-1406. Storage and restocking. (1) All alcoholic beverages, which are used to restock and replenish a facility's hospitality cabinets, shall be kept locked in a separate, secure room or cabinet, except when the hospitality cabinets are being restocked and replenished.

(2) The hospitality cabinets can be restocked and replenished with alcoholic beverages only during those hours when liquor can be sold as provided in section 23-927, Idaho Code.

History:

[23-1406, added 1989, ch. 208, sec. 1, p. 512.]
Idaho Code § 23-314 — Idaho Code / Title 23 / Chapter 3 / Section 23-314
23-314 SAMPLE TASTINGS IN RETAIL STORES.
Status: in_force

23-314. sample tastings in retail stores. (1) As used in this section:

(a) "Distilled spirits supplier" means any manufacturer, rectifier, importer, or broker of liquor products offered for sale by the division.

(b) "Retail store" means any state liquor store and does not include any distributing station that is authorized by the state of Idaho.

(2) A distilled spirits supplier or its representative may offer sample tastings on the premises of a retail store.

(3) A distilled spirits supplier shall not charge for sample tastings.

(4) Sample sizes for tasting events permitted pursuant to the provisions of this section shall not exceed one-quarter of one ounce (0.25 oz) of alcoholic liquor. A sample may be mixed with another alcoholic liquor or nonalcoholic beverage.

(5) The maximum number of samples allowed shall not exceed three (3) samples per person in any twenty-four (24) hour period.

(6) Samples may be served only by persons twenty-one (21) years of age or older.

(7) In accordance with state law, alcoholic liquor shall be served only to persons who are twenty-one (21) years of age or older.

(8) Samples shall be served in a specifically identified sample area or areas within the retail store. Such area or areas shall be of a size and design such that the person conducting the tasting can observe and control persons in the area to ensure that no persons under twenty-one (21) years of age or visibly intoxicated persons possess or consume alcohol. Customers must remain in the tasting area or areas until they have finished consuming the sample. The retail store shall keep on file at the premises a floor plan identifying the tasting area or areas.

(9) The distilled spirits for sample tastings shall be purchased from the Idaho state liquor division, and all taxes for such distilled spirits shall be paid by the manufacturer of the distilled spirits.

(10) Any unused product must be removed from the premises by the supplier or its representative.

(11) The division must approve of the time, location, method, and items to be sampled at tastings. The distilled spirits supplier must notify the Idaho state police in advance of any tasting approved pursuant to the provisions of this section.

(12) The division may not advertise or otherwise promote to the public a tasting event permitted pursuant to the provisions of this section.

(13) It shall be the responsibility of the distilled spirits supplier to conduct a sample tasting in accordance with the provisions of this section. A retail store that hosts such a sample tasting shall not incur liability arising from a right of action directly resulting from consumption of liquor authorized by this section.

History:

[23-314, added 2020, ch. 293, sec. 2, p. 845.]
Idaho Code § 23-1028 — Idaho Code / Title 23 / Chapter 10 / Section 23-1028
23-1028 WAREHOUSE AND RECORDS OF WHOLESALERS AND DEALERS.
Status: in_force

23-1028. Warehouse and records of wholesalers and dealers. Each licensed wholesaler and dealer shall sell and distribute beer in this state only from stocks of beer that have been unloaded, stored, and maintained for no less than twenty-four (24) hours in a warehouse or warehouses owned or used by such wholesaler or dealer physically located within the state of Idaho in the conduct of his business as such. All records which a wholesaler or dealer is by law or rule required to maintain, shall be kept at his warehouse within the state of Idaho, or, if such wholesaler or dealer shall have more than one (1) warehouse, then in the warehouse of such wholesaler or dealer which he shall designate as his principal warehouse within the state. Nothing in this section shall be deemed to affect the existing rights of any person who, on and prior to January 1, 1996, was licensed as a wholesaler by the state of Idaho.

History:

[I.C., sec. 23-1028, as added by 1961, ch. 299, sec. 5, p. 543; am. 1996, ch. 329, sec. 1, p. 1123; am. 2025, ch. 112, sec. 4, p. 599.]
Idaho Code § 23-1034 — Idaho Code / Title 23 / Chapter 10 / Section 23-1034
23-1034 SANITATION RULES FOR RETAILERS.
Status: in_force

23-1034. Sanitation rules for retailers. Licensed retailers authorized to sell beer for consumption upon such licensee's premises, shall keep their premises and all coils, cups, mugs, steins, glasses, and other utensils used in connection with the sale and dispensing of beer in a sanitary condition at all times, and shall comply with all rules issued by the department of health and welfare in the state of Idaho and applicable to the operation of the business of such licensed retailer.

History:

[I.C., sec. 23-1034, as added by 1961, ch. 299, sec. 5, p. 543; am. 1974, ch. 117, sec. 1, p. 1288; am. 1995, ch. 172, sec. 1, p. 654.]
Idaho Code § 23-307 — Idaho Code / Title 23 / Chapter 3 / Section 23-307
23-307 DAYS WHEN SALES ARE PROHIBITED.
Status: in_force

23-307. Days when sales are prohibited. It shall be unlawful to transact the sale or delivery of any alcoholic liquor in, on, or from the premises of any state liquor store or distributing station:

(a) After the closing hours as established by the division.

(b) On any Thanksgiving, Christmas or Memorial Day.

(c) On any Sunday, except as provided by county option pursuant to section 23-308, Idaho Code.

(d) During such other periods or days as may be designated by the division.

History:

[23-307, added 1939, ch. 222, sec. 607, p. 465; am. 1983, ch. 96, sec. 1, p. 209; am. 2004, ch. 79, sec. 1, p. 303; am. 2008, ch. 248, sec. 1, p. 729; am. 2009, ch. 23, sec. 22, p. 59.]
Idaho Code § 23-1404 — Idaho Code / Title 23 / Chapter 14 / Section 23-1404
23-1404 HOSPITALITY CABINET.
Status: in_force

23-1404. Hospitality cabinet. A hospitality cabinet may be part of another furniture unit or device, whether refrigerated in whole or in part or nonrefrigerated, from which nonalcoholic beverages or food may be purchased by the guests in qualified facility guest rooms. However, in that event, the portion of the hospitality cabinet or similar device in which alcoholic beverages are stored shall be a hospitality cabinet as defined in section 23-1401, Idaho Code.

History:

[23-1404, added 1989, ch. 208, sec. 1, p. 511.]
Idaho Code § 23-912 — Idaho Code / Title 23 / Chapter 9 / Section 23-912
23-912 RESTRICTIONS OF PERSONS INTERESTED IN PREMISES.
Status: in_force

23-912. Restrictions of persons interested in premises. (1) Except as provided in subsection (2) of this section, no manufacturer, rectifier, wholesaler, stockholder, shareholder, partner or the owner of any other interest in any corporation, association or partnership financially interested in the manufacture, transportation (except public carriers) or sale of liquor shall hold any interest in any premise licensed hereunder for the sale of liquor or receive any rental or remuneration from any such premise.

(2) A manufacturer, rectifier, wholesaler, stockholder, shareholder, partner or the owner of any interest in any corporation, association or partnership financially interested in the manufacture, transportation or sale of liquor may hold interest in a licensed premises if the licensed premises serves food cooked on the site of the licensed premises, and the person or entity can show through recordkeeping that no more than fifty percent (50%) of the gross revenue to the licensed premises is derived from the sale of alcoholic beverages on-site. The owner of the licensed premises pursuant to this subsection shall comply with and be subject to all other rules, regulations or other provisions of law which apply to manufacturers, rectifiers, wholesalers, stockholders, shareholders, partners or the owners of any interest in any corporation, association or partnership financially interested in the manufacture, transportation or sale of liquor save and except as such rules, regulations or laws may restrict such sales at the licensed premises. The holder of a license pursuant to this section shall not be disqualified from holding a beer license, a retail wine license or wine by the drink license for the sale of beer or wine at the licensed premises on the grounds that the licensee is also a manufacturer, wholesaler, stockholder, shareholder, partner or the owner of any interest in any corporation, association or partnership financially interested in the manufacture, transportation or sale of liquor, beer or wine. This subsection shall not be deemed to grant a license for the retail sale of liquor by the drink and the license must be obtained through normal lawful means. A distillery, as described in section 23-903(14), Idaho Code, shall not be required to serve food cooked on the site of the licensed premises and shall be authorized to sell liquor from brands explicitly owned by the distillery. Such sale of liquor shall not be considered to be in conflict with the provisions of this chapter.

History:

[23-912, added 1947, ch. 274, sec. 12, p. 870; am. 1999, ch. 141, sec. 3, p. 405; am. 2026, ch. 137, sec. 3, p. 656.]
Idaho Code § 23-711 — Idaho Code / Title 23 / Chapter 7 / Section 23-711
23-711 RELEASE OF BUILDING FROM INJUNCTION.
Status: in_force

23-711. Release of building from injunction. If the owner of such building or place has not been guilty of any contempt of court in the proceeding, and pays all costs of the proceeding and of the abatement and files a bond, with sureties to be approved by the court, in the penal sum of the full value of the property, to be ascertained by the court, or by a judge at chambers, conditioned that such owner will immediately abate such nuisance and prevent the same from being established or maintained therein within a period of one (1) year thereafter, the court shall vacate such decree and order of abatement, so far as the same may relate to such building or place, and shall also vacate the order directing the sale of the movable property. The release herein provided for shall not release such property from any judgment, lien, penalty, or liability to which it may otherwise be subject by law.

History:

[23-711, added 1939, ch. 222, sec. 1011, p. 465.]
Idaho Code § 23-948 — Idaho Code / Title 23 / Chapter 9 / Section 23-948
23-948 WATERFRONT RESORTS — LICENSING EVEN IF OUTSIDE CORPORATE LIMITS OF CITY.
Status: in_force

23-948. Waterfront resorts — Licensing even if outside corporate limits of city. (a) Nothing contained in section 23-903, Idaho Code, shall prohibit the issuance of a license to the owner, operator or lessee of a waterfront resort, even if situated outside the incorporated limits of a city. The provisions of section 23-910, Idaho Code, shall apply to licenses issued under the provisions of this section. For the purpose of this section, a waterfront resort shall comprise real property with not less than two hundred (200) feet of lake frontage upon a lake or reservoir as defined by the army corps of engineers of not less than one hundred sixty (160) acres, or river frontage upon a river with at least an average six (6) months' flow of eleven thousand (11,000) cubic feet per second, and shall be open to the public, where people assemble for the purpose of vacationing, boating or fishing, and each waterfront resort must have suitable docks or permanent improved boat-launching facilities not less than sixteen (16) feet in width on property owned or leased by the resort operator or on property contiguous thereto owned by this state; the county; city, if within a city; or the federal government open to the public for recreational uses for the purpose of caring for vacationers, or other recreational users and either of the following:

(1) Hotel or motel accommodations for not less than fifty (50) persons, including a full-service restaurant that serves regularly at least two (2) meals per day to the public during a continuous period of at least four (4) months per year; or

(2) A building of not less than three thousand (3,000) square feet of public use floor space, including a full-service restaurant that serves regularly at least two (2) meals per day to the public during a continuous period of at least four (4) months per year and paved or gravelled parking for fifty (50) automobiles on the operator's owned or leased property and any contiguous property upon which are the docks or boat-launching facilities described in this subsection.

(b) For purposes of satisfying the requirements of subsection (a) of this section, an otherwise qualifying applicant shall not be deemed ineligible for a waterfront resort license because a public right-of-way runs directly between, and contiguous to, the real property upon which the restaurant is located and the real property containing the required water frontage.

(c) 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 said resort is located within the corporate limits of a city or village, in which case the license fee shall be the same as for other licensees within such corporate limits.

(d) The provisions of this section shall not be construed to interfere with the privileges of the holder of a waterfront resort license issued under this section prior to the effective date of this section.

(e) Licenses issued pursuant to this section shall remain valid and may be transferred according to the provisions of this chapter even if the lake, reservoir or river on which the waterfront resort is situated ceases to meet or, subsequent to first issuance or any renewal thereof, is found not to have met the applicable waterflow or lake acreage requirements, but otherwise met and meets upon issuance or renewal all other applicable requirements provided in subsection (a) of this section.

History:

[23-948, added 1959, ch. 151, sec. 1, p. 348; am. 1967, ch. 123, sec. 1, p. 118; am. 1986, ch. 145, sec. 1, p. 407; am. 1988, ch. 333, sec. 1, p. 999; am. 2018, ch. 226, sec. 1, p. 517; am. 2021, ch. 223, sec. 1, p. 657; am. 2021, ch. 335, sec. 1, p. 1018.]
Idaho Code § 23-508 — Idaho Code / Title 23 / Chapter 5 / Section 23-508
23-508 MANUFACTURER'S BOND.
Status: in_force

23-508. Manufacturer's bond. As a condition precedent to the issuance of a manufacturer's license, the applicant shall post a bond, written by a surety company authorized to do business in Idaho, in the penal sum of one thousand dollars ($1,000), conditioned for the faithful observation of the provisions of this act and the rules of the division promulgated thereunder. For a violation of the conditions thereof, said bond shall be forfeited to the state of Idaho, and any recovery thereon shall be covered into the liquor fund.

History:

[23-508, added 1939, ch. 222, sec. 808, p. 465; am. 2009, ch. 23, sec. 39, p. 64.]
Idaho Code § 23-1322A — Idaho Code / Title 23 / Chapter 13 / Section 23-1322A
23-1322A COLLECTION AND ENFORCEMENT.
Status: in_force

23-1322A. 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, for the purposes of this act, be considered a taxable period.

History:

[23-1322A, added 1980, ch. 239, sec. 6, p. 558; am. 1984, ch. 105, sec. 4, p. 246; am. 2007, ch. 10, sec. 10, p. 20.]
Idaho Code § 23-804 — Idaho Code / Title 23 / Chapter 8 / Section 23-804
23-804 DUTIES OF THE IDAHO STATE POLICE AND OFFICERS THEREOF.
Status: in_force

23-804. Duties of the Idaho state police and officers thereof. The Idaho state police and the director thereof are hereby charged with the responsibility and duty of assisting in the policing of the state of Idaho to enforce and require the enforcement of the penal provisions of the Idaho liquor act in addition to other duties imposed upon them by law, notwithstanding the duties now, or which may be hereafter imposed upon sheriffs, police, or other officers to enforce the provisions of such laws. To accomplish such enforcement it is hereby made the duty of said director and every officer of the Idaho state police, whether employed specifically for the enforcement of the liquor act, or otherwise, to officially report every violation of such liquor act of which they have knowledge, or which is made known to them, to the sheriff, and prosecuting attorney of the respective county or counties in which such violations occur and sign complaints for such violations, which complaints said prosecuting attorney, sheriff, and other officers shall faithfully prosecute.

Said Idaho state police under the direction of the director thereof shall conduct investigations to obtain facts involving violations of the provisions of such laws and the said director shall appoint a chief of enforcement of such laws and may employ expert investigators, detectives, and secret officers to obtain such information and assist in such policing and enforcement.

History:

[23-804, added 1939, ch. 222, sec. 1104, as added by 1943, ch. 175, sec. 1, p. 369; am. 1974, ch. 27, sec. 13, p. 811; am. 2000, ch. 469, sec. 58, p. 1509.]
Idaho Code § 23-605 — Idaho Code / Title 23 / Chapter 6 / Section 23-605
23-605 DISPENSING TO DRUNK.
Status: in_force

23-605. Dispensing to drunk. Any person who sells, gives, or dispenses any alcohol beverage, including any distilled spirits, beer or wine, to another person who is intoxicated or apparently intoxicated shall be guilty of a misdemeanor.

History:

[23-605, added 1939, ch. 222, sec. 905, p. 465; am. 1999, ch. 59, sec. 4, p. 152.]
Idaho Code § 23-1324 — Idaho Code / Title 23 / Chapter 13 / Section 23-1324
23-1324 LICENSE AND TRANSFER FEES — ALCOHOL BEVERAGE CONTROL FUND.
Status: in_force

23-1324. license and transfer fees — alcohol beverage control fund. All moneys from license and transfer fees that are collected by the director pursuant to the provisions of this chapter shall be paid over to the state treasurer for deposit in the alcohol beverage control fund created in section 23-940, Idaho Code. All other moneys collected by the director pursuant to the provisions of this chapter shall be paid over to the state treasurer for deposit in the general fund.

History:

[23-1324, added 2012, ch. 160, sec. 3, p. 436.]
Idaho Code § 23-505 — Idaho Code / Title 23 / Chapter 5 / Section 23-505
23-505 TRANSPORTATION OF ALCOHOLIC BEVERAGES.
Status: in_force

23-505. Transportation of alcoholic beverages. (1) Alcoholic liquor lawfully purchased may be transported, but no person shall break open, or allow to be broken or opened any container of alcoholic liquor, or drink, or use, or allow to be drunk, or used any alcoholic liquor therein while the same is being transported. Provided however, that an unsealed alcoholic beverage container may be transported in an enclosed trunk compartment or behind the last upright seat of a vehicle which has no trunk compartment.

(2) No person in a motor vehicle, while the vehicle is on a public highway or the right-of-way of a public highway may drink or possess any open beverage containing alcoholic liquor, as defined in section 23-105, Idaho Code, beer as defined in section 23-1001, Idaho Code, or wine as defined in section 23-1303, Idaho Code, unless such person is a passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, or in the living quarters of a recreational vehicle as that term is defined in section 49-119, Idaho Code. Violation of this section is a misdemeanor for the individual in actual physical control of the vehicle, as defined in section 18-8004, Idaho Code, and an infraction for other individuals violating this section.

History:

[23-505, added 1939, ch. 222, sec. 805, p. 465; am. 1996, ch. 254, sec. 1, p. 836; am. 2000, ch. 248, sec. 1, p. 701.]
Idaho Code § 23-208 — Idaho Code / Title 23 / Chapter 2 / Section 23-208
23-208 DIRECTOR — POWERS AND DUTIES.
Status: in_force

23-208. director — Powers and duties. The director as the executive officer of the division, shall exercise all the powers and duties vested in the division.

History:

[23-208, added 1939, ch. 222, sec. 401, p. 465; am. 1941, ch. 10, sec. 5, p. 20; am. 2009, ch. 23, sec. 10, p. 56.]
Idaho Code § 23-509 — Idaho Code / Title 23 / Chapter 5 / Section 23-509
23-509 MANUFACTURERS AND WHOLESALERS NOT TO GIVE LIQUOR AWAY.
Status: in_force

23-509. Manufacturers and wholesalers not to give liquor away. No manufacturer, wholesaler, or distributor shall give away any alcoholic liquor of any kind at any time in connection with his business, except for testing or sampling purposes only.

History:

[23-509, added 1939, ch. 222, sec. 809, p. 465.]
Idaho Code § 23-209 — Idaho Code / Title 23 / Chapter 2 / Section 23-209
23-209 OFFICIAL BOND OF DIRECTOR.
Status: in_force

23-209. Official bond of director. The director shall be bonded to the state of Idaho in the time, form and manner as prescribed by chapter 8, title 59, Idaho Code.

History:

[23-209, added 1939, ch. 222, sec. 402, p. 465; am. 1941, ch. 10, sec. 6, p. 20; am. 1971, ch. 136, sec. 11, p. 522; am. 2009, ch. 23, sec. 11, p. 56.]
Idaho Code § 23-1007 — Idaho Code / Title 23 / Chapter 10 / Section 23-1007
23-1007 SALES BY DEALERS AND WHOLESALERS — PROHIBITED UNLESS OBTAINED FROM LICENSEES — CONSUMPTION ON PREMISES PROHIBITED — MINIMUM SALE ON LICENSED PREMISES OF UNBROKEN PACKAGES OR KEGS.
Status: in_force

23-1007. Sales by dealers and wholesalers — Prohibited unless obtained from licensees — Consumption on premises prohibited — Minimum sale on licensed premises of unbroken packages or kegs. Except as provided in section 23-1007A, Idaho Code, it shall be unlawful for any dealer or wholesaler to sell for use within the state of Idaho any unbroken packages or kegs of beer produced, manufactured, imported or bought by such dealer except to licensed dealers, wholesalers, retailers to whom a license has been issued by the director, or to employees of the wholesaler or dealer; nor shall any dealer or wholesaler allow for a consideration such beer to be consumed upon the premises of such dealer or wholesaler; provided, however, that any dealer or wholesaler shall be allowed to make sales of beer in kegs of not less than five (5) gallons to a consumer at his licensed premises. Licensed brewers may sell at retail only as provided in section 23-1003(d), Idaho Code.

History:

[23-1007, added 1935, ch. 132, sec. 3-d, as added by 1943, ch. 167, sec. 2, p. 349; am. 1965, ch. 292, sec. 1, p. 778; am. 1982, ch. 307, sec. 1, p. 772; am. 1987, ch. 22, sec. 2, p. 30; am. 1991, ch. 279, sec. 1, p. 721; am. 2013, ch. 95, sec. 1, p. 232; am. 2024, ch. 279, sec. 2, p. 958.]
Idaho Code § 23-1329 — Idaho Code / Title 23 / Chapter 13 / Section 23-1329
23-1329 SCHEDULES OF PRICES — FILING BY IMPORTERS AND DISTRIBUTORS — MODIFICATION OR WITHDRAWAL.
Status: in_force

23-1329. Schedules of prices — Filing by importers and distributors — Modification or withdrawal. Each importer and distributor shall file with the director a written schedule of prices to be charged by such person for wine imported into or sold within this state for resale therein. Such schedule of prices shall be uniform for buyers in the same trade area within this state, and shall set forth the following:

(a) All brands and types of products offered for sale;

(b) The delivered sale price thereof in the several trade areas of the state; and

(c) Any allowance granted for returned containers.

Such schedule of prices so filed may be changed or modified from time to time by filing with the director a new schedule of prices, not less than ten (10) days prior to the last day of the filing calendar month, becoming effective on the first day of the succeeding calendar month. Upon the filing of said new prices, the director shall give notice thereof to all importers and distributors. Such schedule of prices so filed may not be withdrawn prior to its effective date, and upon becoming effective shall remain in effect as follows:

(i) an increase in prices, for a minimum period of thirty (30) days;

(ii) a reduction in prices for a minimum period of six (6) months. Upon the filing of the original schedule of prices, and after the effective date of any schedule of prices amendatory thereto, all prices therein stated shall be strictly adhered to. Amendatory schedules shall recite the information required in the above subsections (a), (b) and (c).

History:

[23-1329, added 1971, ch. 156, sec. 29, p. 760; am. 1974, ch. 27, sec. 72, p. 811; am. 1975, ch. 151, sec. 6, p. 383.]
Idaho Code § 23-1049 — Idaho Code / Title 23 / Chapter 10 / Section 23-1049
23-1049 SECURITY FOR TAX.
Status: in_force

23-1049. Security for tax. The state tax commission, whenever it deems it necessary to insure compliance with this act, may require any person subject to this act to place with it such security as it may determine. The amount of the necessary security shall be fixed by the state tax commission but, except as provided hereafter, shall not be greater than three (3) times the estimated average monthly amount payable by such persons pursuant to this act. In the case of persons habitually delinquent in their obligations under this act, the amount of the security shall not be greater than five (5) times the estimated average monthly amount payable by such persons pursuant to this act. The amount of the security may be increased or decreased by the state tax commission at any time, subject to the limitations set forth herein.

The state tax commission may sell the security at public auction or, in the case of security in the form of bearer bonds issued by the United States or the state of Idaho which have a prevailing market price, at a private sale at a price not lower than the prevailing market price if it becomes necessary to make such sale in order to recover any tax, interest or penalties due on any amount required to be collected. Notice of the sale must be given to the person who deposited the security at least ten (10) days before the sale. Such notice may be given personally or by mail addressed to the person at the address furnished to the state tax commission and as it appears in the records of the state tax commission. Upon such sale, any surplus above the amounts due shall be returned to the person who placed the security.

History:

[23-1049, added 1988, ch. 182, sec. 2, p. 319.]
Idaho Code § 23-712 — Idaho Code / Title 23 / Chapter 7 / Section 23-712
23-712 COSTS A LIEN.
Status: in_force

23-712. Costs a lien. Whenever the costs shall be assessed under the provisions of this chapter against the owner of any property declared to be a liquor nuisance, such costs shall constitute a lien upon such property to the extent of the interest of such owner, and writ of execution shall issue thereon.

History:

[23-712, added 1939, ch. 222, sec. 1012, p. 465.]
Idaho Code § 23-1038 — Idaho Code / Title 23 / Chapter 10 / Section 23-1038
23-1038 SUSPENSION, REVOCATION, AND REFUSAL TO RENEW LICENSES.
Status: in_force

23-1038. Suspension, revocation, and refusal to renew licenses. When the director shall make a determination to revoke, to suspend, or to refuse grant of renewal of license issued pursuant to the terms of this act for any violation of or failure to comply with the provisions of this act or rules promulgated by the director or the state tax commission pursuant to the terms and conditions of this act, procedures for the suspension, revocation or refusal to grant or renew licenses issued under this act shall be in accordance with the provisions of chapter 52, title 67, Idaho Code. Any hearing alleging a violation of chapter 9 or 10, title 23, Idaho Code, shall be conducted in the county where the alleged violation occurred.

History:

[23-1038, added 1980, ch. 220, sec. 2, p. 493; am. 2001, ch. 95, sec. 1, p. 243.]
Idaho Code § 23-1013 — Idaho Code / Title 23 / Chapter 10 / Section 23-1013
23-1013 RESTRICTIONS CONCERNING AGE.
Status: in_force

23-1013. Restrictions concerning age. Any person who is nineteen (19) years of age or older may sell, serve, possess or dispense beer in the course of his employment, otherwise it shall be unlawful for any person to sell, serve or dispense beer to or by any person under twenty-one (21) years of age, 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.

History:

[I.C., sec. 23-1013, as added by 1961, ch. 299, sec. 4, p. 543; am. 1967, ch. 19, sec. 1, p. 37; am. 1972, ch. 332, sec. 5, p. 834; am. 1975, ch. 179, sec. 2, p. 485; am. 1987, ch. 212, sec. 10, p. 452; am. 1991, ch. 269, sec. 2, p. 661.]
Idaho Code § 23-1036 — Idaho Code / Title 23 / Chapter 10 / Section 23-1036
23-1036 TAP MARKERS.
Status: in_force

23-1036. Tap markers. Every faucet, spigot or other dispensing apparatus used on the premises of a licensed retailer for dispensing draught beer shall conspicuously indicate thereon the brand or trade name of the beer or the trademark of the manufacturer of the beer drawn therefrom.

History:

[I.C., sec. 23-1036, as added by 1961, ch. 299, sec. 5, p. 543.]
Idaho Code § 23-1019 — Idaho Code / Title 23 / Chapter 10 / Section 23-1019
23-1019 BEER SAMPLE TASTING REQUIREMENTS AND LIMITATIONS FOR EVENTS ON RETAIL BEER LICENSED PREMISES.
Status: in_force

23-1019. Beer sample tasting requirements and limitations for events on retail beer licensed premises. (1) Breweries, wholesalers and distributors may conduct or assist a retail beer licensee at a beer sample tasting on premises not licensed for the sale of beer by the individual glass or opened bottle for consumption on the premises or on the premises of the holder of a beer by the drink license for the purpose of promoting their beer products to the public. The holder of a retail beer license or a beer by the drink license may also conduct beer sample tasting events, with or without the assistance of a brewery, wholesaler or distributor in accordance with this section.

(2) A retail beer licensee shall not be required to hold a beer by the drink license for the purpose of conducting or permitting beer sample tasting events on the premises in accordance with this section unless a charge or other consideration is required of the customer by the retailer in exchange for such beer sample.

(3) Sample tasting events permitted pursuant to this section shall be conducted subject to all of the following requirements:

(a) Sample sizes. The size of each sample of beer shall not exceed one and one-half (1.5) ounces.

(b) Identified tasting area. The retail beer licensee who conducts tastings or who allows a brewer, wholesaler, distributor or retailer to conduct tastings on the retail beer premises shall identify a specific tasting area or areas. Such area or areas shall be of a size and design such that the retail beer licensee and the persons conducting the tasting can observe and control persons in the area to ensure that no minors or visibly intoxicated persons possess or consume alcohol. Customers must remain in the tasting area or areas until they have finished consuming the sample. The retailer shall keep on file at the premises a floor plan identifying the tasting area or areas. If a retailer does not have an identified tasting area or areas, the director may require prior approval of an area or areas before the retailer conducts any more tastings or allows any more tastings to be conducted by the brewer, distributor or retailer on the premises.

(c) Number of in-store tastings. Although there is no limit on the number of tastings a retailer may conduct without the assistance of a brewer, wholesaler or distributor, the retailer shall not permit a brewer or distributor to conduct, or assist in conducting, tastings on the premises of the same licensee more than eight (8) times per calendar year.

(d) Brewer, wholesaler or distributor conducted tastings. A brewer, wholesaler or distributor may hold tastings on consecutive days on one (1) retail premises, provided the tastings shall not exceed two (2) consecutive days. Tastings shall be conducted at least four (4) weeks apart. If a brewer, wholesaler or distributor holds tastings on two (2) consecutive days, they shall not hold another tasting on those retail premises for at least four (4) weeks.

(e) Server requirements. Persons serving or pouring beer at beer tastings on premises for which a beer by the drink license has not been issued must be at least twenty-one (21) years of age.

(4) Brewer, wholesaler or distributor conducted sample tastings. A brewer, wholesaler or distributor may conduct beer sample tastings on premises licensed for the sale of beer for products produced or sold by the brewer, wholesaler or distributor. The brewer or distributor conducting the beer sample tasting shall, in addition to compliance with other requirements of this section, comply with all of the following requirements:

(a) Provide the product to be tasted and remove any remaining product at the end of the tasting.

(b) Provide or pay for a person to serve the beer. The server must be an employee or agent of the brewer or distributor and shall not be an employee or agent of a retailer. The brewer or distributor shall not compensate any employee or agent of the retail licensee to participate in the tasting.

(c) The brewer or distributor shall keep a record of each tasting it conducts, including the date and location of each event and the products served.

(5) Retailer conducted beer sample tastings. Retail beer licensees and beer by the drink licensees may conduct beer sample tastings on their licensed premises and may:

(a) Accept assistance from a brewer, wholesaler or distributor if:

(i) The only assistance provided is an employee to provide information or education relating to the product being sampled;

(ii) The retailer pays for the beer; and

(iii) The retailer is responsible for any advertising.

(b) Conduct an unlimited number of beer sample tastings on the premises if there is no brewer or distributor providing assistance for the event. The retailer may advertise such events.

(6) Notwithstanding any other provision of law, participation by a brewer, wholesaler or distributor in a beer sample tasting event, if expressly authorized by this section, shall not constitute prohibited conduct or unlawful aid to a retailer.

History:

[23-1019, added 2014, ch. 174, sec. 1, p. 478.]
Idaho Code § 23-939 — Idaho Code / Title 23 / Chapter 9 / Section 23-939
23-939 SEPARABILITY.
Status: in_force

23-939. Separability. If any clause, sentence, paragraph, section, or any part of this act, shall be declared and adjudged to be invalid and/or unconstitutional, such invalidity or unconstitutionality shall not affect, invalidate, or nullify the remainder of this act.

History:

[23-939, added 1947, ch. 274, sec. 36, p. 870.]
Idaho Code § 23-201 — Idaho Code / Title 23 / Chapter 2 / Section 23-201
23-201 DIRECTOR — APPOINTMENT AND TERM.
Status: in_force

23-201. director — Appointment and term. There shall be a state liquor division (in this act referred to as the "division"), in the office of the governor. The division shall be a division of the office of the governor for the purposes of chapter 8, title 67, Idaho Code, and the administrator of the division shall be known as the director of the state liquor division. The director shall be appointed by the governor for a term of three (3) years, but may be removed by the governor at will.

History:

[23-201, added 1939, ch. 222, sec. 201, p. 465; am. 1941, ch. 10, sec. 1, p. 20; am. 1974, ch. 22, sec. 8, p. 592; am. 2009, ch. 23, sec. 3, p. 54; am. 2012, ch. 113, sec. 2, p. 312.]
Idaho Code § 23-903c — Idaho Code / Title 23 / Chapter 9 / Section 23-903c
23-903c LICENSES ISSUED TO RESORT CITY RESTAURANTS.
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

History:

[23-903c, added 2024, ch. 284, sec. 1, p. 971.]
Idaho Code § 23-1029 — Idaho Code / Title 23 / Chapter 10 / Section 23-1029
23-1029 POSTING OF PRICES.
Status: in_force

23-1029. Posting of prices. Each licensed wholesaler, brewer and dealer engaged in selling beer for resale within this state, shall file with the director a written schedule of prices to be charged by him for beer sold within this state for resale therein, which schedule of prices shall be uniform for the same class of buyers in the same trade area within this state, and shall set forth;

(a) all brands and types of products offered for sale;

(b) the delivered sale price thereof in the several trade areas of the state to the various classes of buyers; and

(c) any allowance granted for returned containers.

Such schedule of prices so filed may be changed or modified from time to time by filing with the director a new schedule of prices, not less than ten (10) days prior to the last day of the filing calendar month, becoming effective on the first day of the succeeding calendar month.

Such schedule of prices so filed shall not be withdrawn within ten (10) days of its effective date. An amendment of the prior filing shall show the posting changes of the particular brand and product affected. The amendment shall be in the form of a statement to the director detailing the reasons for the amendment. The amendment submitted to the director shall be prima facie evidence of its correctness; and failure of the director to act upon denial of the amendment within ten (10) days shall constitute its adoption. Upon becoming effective the schedule shall remain in effect as follows:

(i) an increase in prices, for a minimum period of thirty (30) days;

(ii) a reduction in prices, for a minimum period of six (6) months. All price schedules, so filed, shall be subject to public inspection and shall not be considered confidential. Upon the filing of the original schedule of prices, and after the effective date of any schedule of prices amendatory thereto, all prices therein stated shall be strictly adhered to, and any departure or variation therefrom shall constitute the giving of aid or assistance prohibited by the provisions of section 23-1033, Idaho Code.

History:

[I.C., sec. 23-1029, as added by 1961, ch. 299, sec. 5, p. 543; am. 1969, ch. 276, sec. 1, p. 819; am. 1972, ch. 33, sec. 1, p. 51; am. 1974, ch. 27, sec. 49, p. 811; am. 1975, ch. 151, sec. 1, p. 383; am. 1979, ch. 136, sec. 1, p. 432.]
Idaho Code § 23-1044 — Idaho Code / Title 23 / Chapter 10 / Section 23-1044
23-1044 PROCEDURE ON REFUSAL TO GRANT LICENSE.
Status: in_force

23-1044. Procedure on refusal to grant license. Upon a determination by the director or by the licensing authority of any county or municipality to refuse issuance of a license to an applicant upon original application, the same procedure herein provided for in cases involving refusal to grant renewal of license for notice and for proceedings to contest determination shall govern insofar as the same are applicable, except that issuance of temporary license shall not be required pending proceedings to contest determination.

History:

[I.C., sec. 23-1044, as added by 1961, ch. 299, sec. 7, p. 543; am. 1974, ch. 27, sec. 59, p. 811.]
Idaho Code § 23-941 — Idaho Code / Title 23 / Chapter 9 / Section 23-941
23-941 DECLARATION OF PUBLIC POLICY.
Status: in_force

23-941. Declaration of public policy. It is hereby declared that the intent of this act is to restrict persons under the ages herein specified from entering, remaining in or loitering in or about certain places, as herein defined, which are operated and commonly known as taverns, barrooms, taprooms and cocktail lounges and which do not come within the definition of restaurant as herein contained and are not otherwise expressly exempted from the restrictions herein contained.

History:

[23-941, added 1955, ch. 195, sec. 1, p. 420.]
Idaho Code § 23-709 — Idaho Code / Title 23 / Chapter 7 / Section 23-709
23-709 DISPOSITION OF PROCEEDS OF SALE.
Status: in_force

23-709. Disposition of proceeds of sale. The proceeds of the sale of the movable property shall be applied in payment of the costs of the proceeding and of the abatement, and the balance, if any, shall be paid to the defendant or person owning said property upon the return of such sale.

History:

[23-709, added 1939, ch. 222, sec. 1009, p. 465.]
Idaho Code § 23-509B — Idaho Code / Title 23 / Chapter 5 / Section 23-509B
23-509B DONATIONS FOR BENEVOLENT, CHARITABLE, OR PUBLIC PURPOSES — PERMIT REQUIRED.
Status: in_force

23-509B. donations for benevolent, charitable, or public purposes — permit required. (1) As used in this section:

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

(b) "Event" means an event held for benevolent, charitable, or public purposes where all proceeds from the event, after deducting reasonable expenses, must be donated for a benevolent, charitable, or public purpose.

(c) "Licensee" is as defined in section 23-902, Idaho Code.

(d) "Liquor producer" means any liquor manufacturer, producer, or supplier or a representative of a manufacturer, producer, or supplier.

(e) "Person" is as defined in section 23-902, Idaho Code, and who has not been issued a license in this state for the sale of alcoholic beverages.

(2) Notwithstanding the provisions of section 23-509, Idaho Code, any liquor producer may donate packaged, unopened, and sealed liquor to a person for an event as provided in this section. Any liquor donated under this section must have been acquired from the state liquor division.

(3) To sell or dispense packaged, unopened, and sealed liquor, a person must apply for a permit from the alcohol beverage control bureau. The director may issue the permit. All proceeds from the sale, after deducting reasonable expenses, must be donated for a benevolent, charitable, or public purpose.

(4) The director shall prescribe the form of application, pursuant to his duties in section 23-932, Idaho Code. Such form of application shall be substantially similar to the form described in section 23-1336, Idaho Code, and may include any other information the director deems necessary.

(5) A licensee may, on behalf of a person granted a permit under this section, receive and store liquor to be used at the event and may dispense such liquor to attendees of the event for which the permit was issued. The licensee must act in accordance with any applicable provisions of this title.

(6) The director may suspend, revoke, or refuse to renew a license for any violation of or failure to comply with the provisions of chapter 9, title 23, Idaho Code. Procedures for the suspension, revocation, or refusal to grant or renew licenses shall be in accordance with the provisions of chapter 52, title 67, Idaho Code.

(7) If a permittee fails to comply with permit requirements, the director may revoke existing permits or deny future permits under this section until the permittee cures the failure.

History:

[23-509B, added 2022, ch. 161, sec. 1, p. 550.]
Idaho Code § 23-1109 — Idaho Code / Title 23 / Chapter 11 / Section 23-1109
23-1109 TRANSFEREE OF DISTRIBUTOR'S BUSINESS BOUND BY AGREEMENTS IN EFFECT AT TIME OF TRANSFER — SUPPLIER'S SUCCESSOR BOUND BY AGREEMENTS IN EFFECT AT TIME OF SUCCESSION TO SUPPLIER'S INTEREST.
Status: in_force

23-1109. Transferee of distributor's business bound by agreements in effect at time of transfer — Supplier's successor bound by agreements in effect at time of succession to supplier's interest. (1) A transferee of a distributor's business that continues to operate the business shall have the benefit of and be bound by all terms and conditions of the agreement with the supplier in effect on the date of the transfer.

(2) A successor to a supplier's interest in a particular brand or brands of beer, whether acquired by purchasing of the brand name or all or substantially all of the stock or assets of the supplier of that brand or brands, or who has been granted the marketing rights to a particular brand or brands of beer shall be bound by all terms and conditions of each agreement with distributors with respect to that brand or brands in effect on the date of the succession to such interest as a condition of such successor in interest continuing to sell that brand or brands to distributors for resale within this state.

History:

[23-1109, added 1993, ch. 312, sec. 1, p. 1155.]
Idaho Code § 23-601 — Idaho Code / Title 23 / Chapter 6 / Section 23-601
23-601 VIOLATION OF DUTY BY OFFICERS AND EMPLOYEES OF DIVISION.
Status: in_force

23-601. Violation of duty by officers and employees of division. Any officer or employee of the division who shall knowingly and willfully violate any of the provisions of this act, shall be guilty of a misdemeanor; and, upon conviction, shall be punishable 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 less than three (3) months, nor more than one (1) year, or by both such fine and imprisonment.

History:

[23-601, added 1939, ch. 222, sec. 901, p. 465; am. 2009, ch. 23, sec. 48, p. 66.]
Idaho Code § 23-1301 — Idaho Code / Title 23 / Chapter 13 / Section 23-1301
23-1301 SHORT TITLE.
Status: in_force

23-1301. Short title. This act shall be known and designated as the "County Option Kitchen and Table Wine Act."

History:

[23-1301, added 1971, ch. 156, sec. 1, p. 760.]
Idaho Code § 23-1030 — Idaho Code / Title 23 / Chapter 10 / Section 23-1030
23-1030 SIZE OF CONTAINERS.
Status: in_force

23-1030. Size of containers. No dealer or wholesaler shall purchase, receive or resell any beer except in the original container as prepared for the market by the brewer at the place of manufacture.

History:

[I.C., sec. 23-1030, as added by 1961, ch. 299, sec. 5, p. 543; am. 1974, ch. 27, sec. 50, p. 811; am. 1994, ch. 14, sec. 1, p. 21.]
Idaho Code § 23-903b — Idaho Code / Title 23 / Chapter 9 / Section 23-903b
23-903b LICENSES ISSUED TO OWNERS, OPERATORS OR LESSEES OF GOLF COURSES, SKI RESORTS, CROSS-COUNTRY SKIING FACILITIES AND WATERFRONT RESORTS — LIMITATIONS ON SALES OR TRANSFERS.
Status: in_force

23-903b. Licenses issued to owners, operators or lessees of golf courses, ski resorts, cross-country skiing facilities and waterfront resorts — Limitations on sales or transfers. No license issued to an owner, operator, or lessee of a golf course, ski resort, cross-country skiing facility or waterfront resort, as defined in sections 23-903, 23-948 and 23-952, Idaho Code, shall be transferable to another location or facility, except as otherwise provided in section 23-956, Idaho Code.

History:

[23-903b, added 1979, ch. 256, sec. 1, p. 679; am. 1987, ch. 32, sec. 2, p. 54; am. 1991, ch. 137, sec. 1, p. 320; am. 2005, ch. 357, sec. 1, p. 1128.]
Idaho Code § 23-1018 — Idaho Code / Title 23 / Chapter 10 / Section 23-1018
23-1018 SALE OF KEG BEER — PENALTIES.
Status: in_force

23-1018. Sale of keg beer — Penalties. (1) Retail and wholesale licensees selling keg beer for consumption off licensed premises shall place an identification tag onto all kegs of beer at the time of sale and require the signing of a receipt therefor by the purchaser in order to allow kegs to be traced if the contents are used in violation of this act. The keg identification shall be in the form of a numbered label prescribed and supplied by the director of the Idaho state police, which identifies the seller and which is removable or obliterated when the keg is processed for refilling. The receipt shall be on a form prescribed and supplied by the director of the Idaho state police and shall include the name and address of the purchaser and such other information as may be required by the director of the Idaho state police.

(2) Any licensee selling keg beer for off-premises consumption who fails to require the signing of a receipt at the time of sale and fails to place a numbered identification label onto the keg shall be subject to having his license suspended as set forth in section 23-1038, Idaho Code.

(3) Possession of a keg containing beer which is not identified as required by subsection (1) of this section is a misdemeanor.

(4) Any purchaser of keg beer who knowingly provides false information on the receipt required by subsection (1) of this section shall be guilty of a misdemeanor.

(5) As used in this section, "keg" means any brewery-sealed, individual container of beer having a liquid capacity of five (5) gallons or more.

History:

[23-1018, added 1981, ch. 76, sec. 1, p. 109; am. 1989, ch. 314, sec. 1, p. 810; am. 1990, ch. 428, sec. 1, p. 1184; am. 2000, ch. 469, sec. 70, p. 1519; am. 2013, ch. 95, sec. 2, p. 232.]
Idaho Code § 23-501 — Idaho Code / Title 23 / Chapter 5 / Section 23-501
23-501 WINE, BEER, MEAD, CIDER, AND OTHER FERMENTED BEVERAGES FOR PERSONAL USE.
Status: in_force

23-501. wine, beer, mead, cider, and other fermented beverages for personal use. (1) Any person shall have the privilege of manufacturing wine, beer, mead, cider, or other fermented beverages for the personal use of himself, family, and guests.

(2) The production of wine, beer, mead, cider, or other fermented beverages per household for family or personal use pursuant to this section may not exceed:

(a) Two hundred (200) gallons per calendar year if there are two (2) or more adults residing in the household; or

(b) One hundred (100) gallons per calendar year if there is one (1) adult residing in the household.

History:

[23-501, added 1939, ch. 222, sec. 801, p. 465; am. 1999, ch. 45, sec. 1, p. 107; am. 2020, ch. 205, sec. 1, p. 599; am. 2022, ch. 136, sec. 1, p. 505.]