Idaho Code § 23-910 — Idaho Code / Title 23 / Chapter 9 / Section 23-910
23-910 PERSONS NOT QUALIFIED TO BE LICENSED.
Status: in_force

23-910. Persons not qualified to be licensed. No license shall be issued to:

(1) Any person, or any one (1) of its members, officers, or governing board, who has, within three (3) years prior to the date of making application, been convicted of any violation of the laws of the United States, the state of Idaho, or any other state of the United States, or of the resolutions or ordinances of any county or city of this state, relating to the importation, transportation, manufacture or sale of alcoholic liquor or beer; or who has been convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment or completed any sentence of confinement for any felony within five (5) years prior to the date of making application for any license.

(2) A person who is engaged in the operation, or interested therein, of any house or place for the purpose of prostitution or who has been convicted of any crime or misdemeanor opposed to decency and morality.

(3) A person whose license issued under this act has been revoked; an individual who was a member of a partnership or association which was a licensee under this act and whose license has been revoked; an individual who was an officer, member of the governing board or one (1) of the ten (10) principal stockholders of a corporation which was a licensee under this act and whose license has been revoked; a partnership or association one (1) of whose members was a licensee under this act and whose license was revoked; a corporation one (1) of whose officers, member of the governing board or ten (10) principal stockholders was a licensee under the provisions of this act and whose license has been revoked; an association or partnership, one (1) of whose members was a member of a partnership or association licensed under the provisions of this act and whose license has been revoked; a partnership or association, one (1) of whose members was an officer, a member of the governing board, or one (1) of the ten (10) principal stockholders of a corporation licensed under the provisions of this act and whose license has been revoked; a corporation, one (1) of whose officers, member of the governing board, or ten (10) principal stockholders was a member of a partnership or association licensed under the provisions of this act and whose license was revoked; a corporation, one (1) of whose officers, member of the governing board, or ten (10) principal stockholders was an officer, member of the governing board, or one (1) of the ten (10) principal stockholders of a corporation licensed under the provisions of this act and whose license was revoked.

(4) Any officer, agent, or employee of any distillery, winery, brewery, or any wholesaler, or jobber, of liquor or malt beverages except as provided in section 23-912, Idaho Code. This prohibition shall not apply to officers, agents, or employees of any winery operating a golf course on the same premises as the winery or officers, agents, or employees of any distillery, as described in section 23-903(14), Idaho Code.

(5) A person who does not hold a retail beer license issued under the laws of the state of Idaho.

(6) Any license, held by any licensee disqualified under the provisions of this section from being issued a license, shall forthwith be revoked by the director.

History:

[23-910, added 1947, ch. 274, sec. 10, p. 870; am. 1957, ch. 124, sec. 1, p. 205; am. 1961, ch. 28, sec. 1, p. 37; am. 1963, ch. 423, sec. 3, p. 1098; am. 1969, ch. 406, sec. 1, p. 1126; am. 1991, ch. 179, sec. 1, p. 442; am. 1992, ch. 315, sec. 1, p. 937; am. 1994, ch. 14, sec. 5, p. 23; am. 1996, ch. 349, sec. 2, p. 1171; am. 1999, ch. 141, sec. 1, p. 404; am. 2026, ch. 137, sec. 2, p. 655.]
Idaho Code § 23-1330 — Idaho Code / Title 23 / Chapter 13 / Section 23-1330
23-1330 RULES AND REGULATIONS BY DIRECTOR.
Status: in_force

23-1330. Rules and regulations by director. For the purpose of the administration of this act, the director shall make, promulgate, and publish such rules and regulations as the 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. All rules and regulations adopted pursuant to the terms of this act shall be adopted in accordance with the subject to the provisions of chapter 52, title 67, Idaho Code.

History:

[23-1330, added 1971, ch. 156, sec. 30, p. 760; am. 1974, ch. 27, sec. 73, p. 811.]
Idaho Code § 23-1004 — Idaho Code / Title 23 / Chapter 10 / Section 23-1004
23-1004 DEALERS' LICENSE FEE.
Status: in_force

23-1004. Dealers' license fee. Every dealer for whom no license fee is elsewhere provided in this act shall, except as provided in section 23-1003, pay to the state of Idaho an annual license fee of one hundred dollars ($100), and a like amount for each separate warehouse used for the purpose of, or in connection with, the importing of beer into this state.

History:

[23-1004, added 1935, ch. 132, sec. 3-a, as added by 1943, ch. 167, sec. 2, p. 349.]
Idaho Code § 23-507 — Idaho Code / Title 23 / Chapter 5 / Section 23-507
23-507 MANUFACTURERS' LICENSES.
Status: in_force

23-507. Manufacturers' licenses. The division may grant a license to a manufacturer of alcoholic liquor for sale to the division and to customers outside of the state, subject to such regulations as the division may adopt. The fee for such permit shall be one hundred dollars ($100).

History:

[23-507, added 1939, ch. 222, sec. 807, p. 465; am. 2009, ch. 23, sec. 38, p. 64.]
Idaho Code § 23-1407 — Idaho Code / Title 23 / Chapter 14 / Section 23-1407
23-1407 COUNTY OPTION — RESOLUTION OF COUNTY COMMISSIONERS.
Status: in_force

23-1407. County option — Resolution of county commissioners. There is hereby granted to the board of county commissioners of each of the several counties of the state the right and authority to disallow the use of hospitality cabinets, as defined in this chapter, within the borders of their respective counties. This right and authority may be exercised by the board of county commissioners by resolution, regularly adopted, which provides that hospitality cabinets, as defined in this chapter, shall be disallowed within the county. The resolution shall take effect three (3) months after receipt of certification thereof by the director of the Idaho state police and notification of qualified facilities within the county. Hospitality cabinets shall remain disallowed within the county so long as the resolution remains in effect.

History:

[23-1407, added 1989, ch. 208, sec. 1, p. 512; am. 2000, ch. 469, sec. 73, p. 1522.]
Idaho Code § 23-207 — Idaho Code / Title 23 / Chapter 2 / Section 23-207
23-207 SPECIFIC RULES AND REGULATIONS.
Status: in_force

23-207. Specific rules and regulations. Without attempting or intending to limit the general powers of the director of the division contained in section 23-206, Idaho Code, such powers shall extend to and include the following:

(a) Subject to the provisions of chapter 53, title 67, Idaho Code, to prescribe the qualifications of and to select personnel to conduct its business and perform its functions; to require that those holding positions of trust be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code; to fix the compensation of all appointees and employees, assign their duties, and to discharge them.

(b) To regulate the management, operation, bookkeeping, reporting, equipment, records, and merchandise of state liquor stores and distribution stations and warehouses.

(c) To regulate the importation, purchase, transportation, and storage of alcoholic liquor and the furnishing of alcoholic liquor to state liquor stores, distribution stations, and warehouses established under this act.

(d) To determine the classes, varieties, and brands of alcoholic liquors to be kept in state warehouses and for sale at state liquor stores and distribution stations.

(e) To determine the nature, form, and capacity of packages containing liquor kept or sold.

(f) To prescribe the kinds and character of official seals or labels to be attached to packages of liquor sold to a licensee as defined in chapter 9, title 23, Idaho Code. No official seals or labels shall be required to be attached to packages of liquor sold to the general public, at a liquor store or a distributing station.

(g) From time to time to fix the sale prices, which shall be uniform throughout the state, of the different classes, varieties, or brands of alcoholic liquor, and to issue and distribute price lists thereof.

(h) To prescribe, prepare, and furnish printed forms and information blanks necessary or convenient for administering this act, and printed copies of the regulations made thereunder. To contract for the printing thereof and of all necessary records and reports.

(i) To regulate the issuance, suspension and revocation of permits and licenses to purchase, manufacture and handle or traffic in alcoholic liquor.

(j) To prescribe the conditions and qualifications necessary for obtaining permits and licenses, and the conditions of use of privileges under them; and to provide for the inspection of the records and the conduct of use of permittees and licensees.

(k) To prescribe the kind, quality, and character of alcoholic liquors which may be purchased or sold under any and all licenses and permits, including the quantity which may be purchased or sold at any one (1) time or within any specified period of time.

History:

[23-207, added 1939, ch. 222, sec. 308, p. 465; am. 1941, ch. 10, sec. 4, p. 20; am. 1971, ch. 136, sec. 10, p. 522; am. 1974, ch. 22, sec. 9, p. 592; am. 2009, ch. 23, sec. 9, p. 55; am. 2009, ch. 282, sec. 1, p. 849; am. 2010, ch. 19, sec. 1, p. 32; am. 2010, ch. 79, sec. 5, p. 136; am. 2012, ch. 113, sec. 5, p. 312.]
Idaho Code § 23-1314 — Idaho Code / Title 23 / Chapter 13 / Section 23-1314
23-1314 RECORDS AND INSPECTION OF WINERIES, IMPORTERS, BONDED WINE WAREHOUSES, AND DISTRIBUTORS.
Status: in_force

23-1314. Records and inspection of wineries, importers, bonded wine warehouses, and distributors. (1) Every winery, distributor, bonded wine warehouse, and importer shall have, and notify the director of, a place of business within the state of Idaho.

(2) Each winery, distributor and importer shall keep at its place of business a record of its imports into, and sales of wine within, the state of Idaho. The import record shall include the date and quantity of import and the identity of the import seller and the import carrier or transporter. The sale record shall consist of a copy of the monthly report to the state tax commission required pursuant to section 23-1322, Idaho Code. Each winery, distributor and importer shall keep the record of each sale or import for a period of four (4) years thereafter and shall, on or before the fifteenth day of each month, file the report with the director. The director may require such additional information to be included in such returns as shall assist him in determining whether or not such licensee is complying with this act and whether or not all taxes and fees provided for by this act are being fully paid.

(3) Each bonded wine warehouse shall keep at its place of business a record of its storage and handling of wine. The record shall include the date and quantity of wine stored and handled for each vintner and winery, and the identity of the carrier or transporter handling and storing the wine.

(4) The director shall have the right at any time to make an examination of each winery's, distributor's, bonded wine warehouse's, and importer's books, records and premises, and such other matters as may assist him in verifying the accuracy of such reports.

History:

[23-1314, added 1971, ch. 156, sec. 14, p. 760; am. 1974, ch. 27, sec. 67, p. 811; am. 1984, ch. 105, sec. 2, p. 245; am. 1984, ch. 221, sec. 6, p. 533; am. 1999, ch. 129, sec. 2, p. 374; am. 2000, ch. 333, sec. 2, p. 1124; am. 2011, ch. 130, sec. 4, p. 365; am. 2020, ch. 10, sec. 5, p. 15.]
Idaho Code § 23-901 — Idaho Code / Title 23 / Chapter 9 / Section 23-901
23-901 DECLARATION OF POLICY — RETAIL SALE OF LIQUOR.
Status: in_force

23-901. Declaration of policy — Retail sale of liquor. It is hereby declared as the policy of the state of Idaho that it is necessary to further regulate and control the sale and distribution within the state of alcoholic beverages and to eliminate certain illegal traffic in liquor now existing and to insure the entire control of the sale of liquor it is advisable and necessary, in addition to the operation of the state liquor stores now provided by law, that the director of the Idaho state police and the county commissioners and the councils of cities in the state of Idaho be empowered and authorized to grant licenses to persons qualified under this act to sell liquor purchased by them at state liquor stores at retail posted prices in accordance with this act and under the rules promulgated by said director and under his strict supervision and control and to provide severe penalty for the sale of liquor except by and in state liquor stores and by persons licensed under this act. The restrictions, rules, and provisions contained in this act are enacted by the legislature for the protection, health, welfare and safety of the people of the state of Idaho and for the purpose of promoting and encouraging temperance in the use of alcoholic beverages within the state of Idaho.

History:

[23-901, added 1947, ch. 274, sec. 1, p. 870; am. 1974, ch. 27, sec. 16, p. 811; am. 2000, ch. 469, sec. 61, p. 1510.]
Idaho Code § 23-705 — Idaho Code / Title 23 / Chapter 7 / Section 23-705
23-705 ACTION FOR MAINTENANCE.
Status: in_force

23-705. Action for maintenance. The prosecuting attorney may maintain an action of an equitable nature, as relator, in the name of the state of Idaho, to abate a liquor nuisance, perpetually to enjoin all persons from maintaining the same, and to enjoin the use of any structure or thing adjudged to be a liquor nuisance.

History:

[23-705, added 1939, ch. 222, sec. 1005, p. 465.]
Idaho Code § 23-1325 — Idaho Code / Title 23 / Chapter 13 / Section 23-1325
23-1325 FINANCIAL INTEREST IN OR AID TO RETAILERS PROHIBITED — CERTAIN AID PERMITTED.
Status: in_force

23-1325. Financial interest in or aid to retailers prohibited — Certain aid permitted. (1) It shall be unlawful for any importer, distributor, vintner or winery, directly or indirectly, or through an affiliate, subsidiary, officer, director, agent or employee:

(a) To have any financial interest in any licensed retailer's business, or to own or control any real property upon which a licensed retailer conducts his business, except that this subsection (1)(a) shall not apply to any winery, as defined in section 23-1303, Idaho Code, or to property that has been owned or controlled continuously for more than one (1) year prior to July 1, 1975; or

(b) To aid or assist any licensed retailer by giving such retailer, or any employee thereof, any discounts, premiums or rebates in connection with any sale of wine; or

(c) To aid or assist any retailer by furnishing, giving, renting, lending or selling any equipment, signs, supplies, wine menus or wine lists, services, or other thing of value which may be used in conducting the retailer's retail wine business, except as expressly permitted by this chapter; or

(d) To enter into any lease or other agreement with any retail licensee to control the product or products sold by such retailer; or

(e) To provide for any rental or other charge to be paid to or by the retailer for product display or advertising display space.

(2) An importer, distributor, vintner or winery as an incident to merchandising in the ordinary course of business, and if available to all licensed retailers without discrimination, may sell to a retailer equipment, supplies or clothing which may be used in conducting the retailer's retail wine business. A winery, vintner, importer or distributor may not sell such equipment or supplies at a price, or under terms, intended or designed to encourage or induce the retailer to use products of the seller to the exclusion of the products of other wineries, vintners, importers or distributors. In no event shall the sales price of such equipment or supplies be less than the reasonable value of such equipment or supplies.

(3) Notwithstanding the provisions of subsection (2) of this section, a vintner, winery, importer or distributor, as an incident to merchandising in the ordinary course of business, and if available to all retailers without discrimination, may lend, give, furnish or sell to a retailer, the following items:

(a) Those services, equipment, brochures and recipes authorized under the provisions of sections 23-1325A and 23-1325B, Idaho Code;

(b) Signs, posters, placards, designs, devices, decorations or graphic displays bearing advertising matter and for use in windows or elsewhere in the interior of a retail establishment. The importer, distributor, vintner or winery shall not directly or indirectly pay or credit the retailer for displaying such materials or for any expense incidental to their operation;

(c) Newspaper cuts, mats or engraved blocks for use in retailer's advertisements;

(d) Items such as sport schedules, posters, calendars, informational pamphlets, decals and other similar materials for display at the point of sale which bear brand advertising for wine prominently displayed thereon, and which items are intended for use by the retailer's customers off the licensed premises and which items are made available to the retailer's customers for such purpose;

(e) Temporary signs or banners displaying a vintner's, winery's or distributor's name, trademark or label, which signs may be permitted to be temporarily displayed on the exterior portion of the retailer premises in connection with a special event, in accordance with such rules relating thereto as may be established by the director.

(4) A distributor may perform services incident to or in connection with the stocking, rotation and restocking of wine sold and delivered to such licensed retailer on or in such licensed retailer's storeroom, salesroom shelves or refrigerating units, including the marking or remarking of containers of such wine to indicate the selling price as established by the retailer and to the arranging, rearranging, or relocating of advertising displays referred to in this section. A distributor may, with the permission of the retailer and in accordance with space allocations directed by the retailer, set, remove, replace, reset or relocate all wine upon shelves of the retailer. Labor performed or schematics prepared by the distributor relating to conduct authorized pursuant to the provisions of this subsection (4) shall not constitute prohibited conduct.

(5) An importer, distributor, vintner or winery may furnish or give to a retailer authorized to sell wine for consumption on the licensed premises, for sampling purposes only, a container of wine, containing not more than sixty-four (64) ounces, not currently being sold by the retailer, and which container is clearly marked "NOT FOR SALE–FOR SAMPLING PURPOSES ONLY."

(6) A licensed winery may aid or assist a licensed retail wine outlet which retails exclusively the wine product of that winery and which outlet is wholly owned and operated by that winery. Two (2) or more wineries may use the same location for their respective retail wine outlets provided each outlet holds a separate retail wine license or wine by the drink license.

(7) Every violation of the provisions of this section by an importer, distributor, vintner or winery in which a licensed retailer shall have actively participated shall constitute a violation on the part of such licensed retailer.

History:

[23-1325, as added by 1975, ch. 151, sec. 5, p. 383; am. 1976, ch. 34, sec. 2, p. 73; am. 1984, ch. 221, sec. 10, p. 536; am. 1991, ch. 159, sec. 2, p. 382; am. 1994, ch. 361, sec. 2, p. 1133; am. 2007, ch. 289, sec. 2, p. 822; am. 2008, ch. 180, sec. 1, p. 544.]
Idaho Code § 23-1405 — Idaho Code / Title 23 / Chapter 14 / Section 23-1405
23-1405 ACCESS RESTRICTIONS.
Status: in_force

23-1405. Access restrictions. (1) Those portions of a hospitality cabinet containing alcoholic beverages must remain locked at all times when a guest room is unrented, except for taking inventory or restocking and replenishing the hospitality cabinet.

(2) Access to a hospitality cabinet in a particular guest room shall be provided, whether by furnishing a key, magnetic card or similar device, only to a qualified registered guest of legal drinking age, if any, registered to stay in the guest room.

(3) Before providing a key, magnetic card or similar device required to obtain access to the hospitality cabinet in a particular guest room to the qualified registered guest, the licensee shall verify that such qualified registered guest is of legal drinking age.

(4) A key, magnetic card or similar device required to obtain access to the hospitality cabinet in a particular guest room shall only be given to the qualified registered guest if requested by that registered guest and if such guest is not visibly or obviously intoxicated.

History:

[23-1405, added 1989, ch. 208, sec. 1, p. 512.]
Idaho Code § 23-933B — Idaho Code / Title 23 / Chapter 9 / Section 23-933B
23-933B PROCEDURE FOR OTHER LICENSING AUTHORITIES.
Status: in_force

23-933B. Procedure for other licensing authorities. The licensing authority of any county or incorporated municipality shall have and exercise the same powers to revoke, suspend, or to refuse grant of renewal of a retailer's license issued or issuable by it, as are granted to the director in this act. The determination of any such licensing authority to revoke, suspend, or to refuse grant of renewal of any retailer's license, shall be upon the same grounds referred to in section 23-933, Idaho Code, and may also be upon the grounds that the licensee has violated an ordinance validly enacted by it and regulating, governing or prohibiting the sale, manufacture, transportation or possession of beer or intoxicating liquor and notice thereof shall be given, and proceedings to contest said determination allowed, as provided for in this act with respect to state licenses issued by the director. The order to show cause shall be addressed to the board of county commissioners of the county or to the city council of the incorporated municipality, requiring the commissioners or councilmen, or such representative as they may designate, to appear in response thereto. Service of the order to show cause and petition shall be ordered to be made upon the chairman of the board of county commissioners or mayor or city manager of the municipality, as the case may be.

History:

[23-933B, added 1977, ch. 143, sec. 4, p. 319.]
Idaho Code § 23-1322 — Idaho Code / Title 23 / Chapter 13 / Section 23-1322
23-1322 MONTHLY REPORTS OF SALES — PAYMENT OF EXCISE TAX WITH REPORT.
Status: in_force

23-1322. Monthly reports of sales — Payment of excise tax with report. Each person liable for the payment of taxes on wine as provided for in section 23-1319, Idaho Code, shall, on or before the fifteenth day of each month, or for such other period as the state tax commission may prescribe by rule, file a written report with the state tax commission showing all sales of wine for resale or consumption in this state made by such person during the calendar month or other period immediately preceding. Taxes payable with respect to such sale shall be paid by the person liable therefor at the time such report is filed.

History:

[23-1322, added 1971, ch. 156, sec. 22, p. 760; am. 2009, ch. 4, sec. 2, p. 6.]
Idaho Code § 23-1011A — Idaho Code / Title 23 / Chapter 10 / Section 23-1011A
23-1011A OFFICERS MAY EXAMINE PREMISES.
Status: in_force

23-1011A. Officers may examine premises. The director or his duly authorized representative, the sheriff of any county, or any other police officer, shall have the right at any time to make an examination of the premises of any licensee as to whether the laws of the state of Idaho, the rules and regulations of the director, and the ordinances of any city or county are being complied with.

History:

[(23-1011A) I.C., sec. 23-1011 [23-1011a], as added by 1976, ch. 236, sec. 1, p. 829; am. and redesignated as sec. 23-1011A, 1983, ch. 50, sec. 2, p. 121.]
Idaho Code § 23-1007A — Idaho Code / Title 23 / Chapter 10 / Section 23-1007A
23-1007A BEER SOLD OR DONATED FOR BENEVOLENT, CHARITABLE OR PUBLIC PURPOSES — PERMIT REQUIRED.
Status: in_force

23-1007A. Beer sold or donated for benevolent, charitable or public purposes — Permit required. (1) Notwithstanding the provisions of section 23-1007, Idaho Code, to the contrary, nothing shall prevent any licensed dealer, wholesaler or retailer from selling or donating unbroken packages of beer or kegs of beer to a person which has not been issued any license for the sale of alcoholic beverages in this state, for benevolent, charitable or public purposes if a permit has been issued to the person or nonprofit entity as provided in subsection (2) of this section.

(2) Upon application to the director of the Idaho state police, the director may issue a permit authorizing the sale or dispensing of beer by a person if the director is satisfied that the proceeds, after deducting reasonable expenses incurred, will be donated for a benevolent, charitable or public purpose. The director shall prescribe the form of the application which may require:

(a) Disclosure of names of sponsors;

(b) Quantities and types of beer products to be used at the event;

(c) Names of the dealer or wholesaler from whom the beer is to be received;

(d) The retailer, if any, designated by such person or nonprofit entity to receive, store or dispense beer on behalf of the permittee;

(e) Dates and hours during which the permit is to be effective, not to exceed three (3) consecutive days;

(f) That the applicant submit a report to the director subsequent to the benevolent, charitable or public purpose event showing the disposition of funds from the event; and

(g) Such other information directly related to the event and the applicant that the director may require.

The director shall collect a twenty dollar ($20.00) fee for each permit issued.

(3) Should the director determine that an applicant, permittee or its representative is violating or has in the past violated any law pertaining to the dispensing or sale of beer by a licensed retailer relating to hours of sale, relating to restrictions concerning age provided in section 23-1013, Idaho Code, or has failed in the past to submit such information as may have been requested by the director, such permit may be summarily suspended by the director prior to hearing, or may be denied or cancelled pending a hearing.

(4) A licensed retailer may, on behalf of the permittee, receive or store beer to be used at the event and may dispense such beer to attendees of the benevolent, charitable or public purpose event for which the permit was issued.

History:

[23-1007A, added 1991, ch. 279, sec. 2, p. 722; am. 2000, ch. 469, sec. 67, p. 1517.]
Idaho Code § 23-950 — Idaho Code / Title 23 / Chapter 9 / Section 23-950
23-950 RESTRICTION AGAINST TRANSFER OF LICENSE.
Status: in_force

23-950. Restriction against transfer of license. (1) No license issued under the provisions of this chapter shall be renewed, transferred, assigned, leased or sold if:

(a) The state tax commission has notified the director and the licensee in writing that any tax imposed by chapters 30 and 36, title 63, Idaho Code, interest, penalty, and additional amount, which has accrued as a result of the operation of the licensed premises has been assessed as that term is defined in section 63-3045A, Idaho Code, against the licensee or any person operating the licensed premises with the permission of the licensee; or

(b) The department of labor has notified the director and the licensee in writing that a lien has been filed against the licensee or any person operating the licensed premises with the permission of the licensee, as a result of the operation of the licensed premises securing amounts due pursuant to chapter 13, title 72, Idaho Code.

(2) At such time as the state tax commission or the department of labor has notified the director and licensee as herein provided, the license issued for the premises the operation of which has resulted in the accrual of the tax for which the warrant or lien is outstanding shall be subject to levy and distraint pursuant to chapter 30, title 63, Idaho Code, or seizure pursuant to section 72-1360A, Idaho Code.

History:

[23-950, added 1981, ch. 6, sec. 1, p. 13; am. 1987, ch. 86, sec. 6, p. 164; am. 2005, ch. 5, sec. 1, p. 6; am. 2007, ch. 360, sec. 12, p. 1073.]
Idaho Code § 23-1016 — Idaho Code / Title 23 / Chapter 10 / Section 23-1016
23-1016 MUNICIPAL LICENSE ALSO REQUIRED — PROCEDURE.
Status: in_force

23-1016. Municipal license also required — Procedure. (1) It shall be competent and lawful for an incorporated municipality within the county wherein said county license to sell beer is granted by the county, by proper ordinance and regulation, to prohibit the sale of beer within the incorporated limits of such incorporated municipality until a retailer's license is first obtained from such incorporated municipality. Provided, however, that no incorporated municipality shall issue a license to any retailer until such retailer shall have first obtained a county license from the board of county commissioners, and that a revocation of the license granted by the board of county commissioners shall work a revocation of license granted by such incorporated municipality. Provided, further, that no municipality, whether operating under a special charter or otherwise, shall exact a license fee from any retailer 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.

(b) Where such retailer sells for consumption on the premises, draught beer and bottled or canned beer or draught beer only, not in excess of two hundred dollars ($200) a year.

(2) The city council shall establish by ordinance 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 city council for a decision. The city council 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 city council shall establish, by ordinance, a time period within which a decision must be made following submission of an application. Whenever a city council denies an application, the council 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) Nothing in this section shall be construed as prohibiting the delegation of the processing of an application and the granting or denying thereof, as provided in subsection (2) of this section, to a municipality's city clerk. If the licensing power is delegated, an applicant denied a license, transfer, or renewal thereof may appeal the city clerk's decision to the city council, within the time and in the manner as the city council may provide by ordinance.

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

(5) In all cases where the city council is considering an application for or hearing an appeal from a denial of a license, transfer or renewal thereof, a transcribable verbatim record of the proceedings shall be made. If the application for or appeal from a denial of 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. For the purpose of this section, the date of final decision shall be the date upon which the written decision of the city council is transmitted. 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 city council shall also provide for the keeping of minutes of the proceedings. Minutes shall be retained indefinitely or as otherwise provided by law.

History:

[23-1016, added 1935, ch. 132, sec. 7-B, as added by 1947, ch. 192, sec. 7, p. 462; am. 1981, ch. 237, sec. 1, p. 477; am. 1983, ch. 50, sec. 4, p. 122; am. 1987, ch. 12, sec. 1, p. 16; am. 1993, ch. 216, sec. 7, p. 593.]
Idaho Code § 23-1302 — Idaho Code / Title 23 / Chapter 13 / Section 23-1302
23-1302 PURPOSE AND CONSTRUCTION OF ACT.
Status: in_force

23-1302. Purpose and construction of act. The purpose of this act is to regulate the importation, distribution and sale, both at wholesale and retail, of wines while reserving to each county of this state the right to prohibit the distribution or sale of wine within its borders. This act shall not be construed to affect laws regulating the retail sale of alcoholic beverages, nor shall it be construed to in any way enlarge the class of persons who may lawfully buy, possess or consume any variety of wine whatever its alcoholic content.

History:

[23-1302, added 1971, ch. 156, sec. 2, p. 760; am. 2011, ch. 130, sec. 3, p. 364.]
Idaho Code § 23-1326 — Idaho Code / Title 23 / Chapter 13 / Section 23-1326
23-1326 CREDIT SALES TO RETAILERS PROHIBITED.
Status: in_force

23-1326. Credit sales to retailers prohibited. (1) No sale or delivery of wine shall be made to any retailer, except for cash paid at the time of or prior to delivery thereof, or except as provided by electronic funds transfer in accordance with subsection (3) of this section, and in no event shall any distributor extend any credit on account of such wine to a retailer, nor shall any retailer accept or receive delivery of such wine except when payment therefor is made in cash at the time of or prior to delivery thereof, or by electronic funds transfer in accordance with subsection (3) of this section.

(2) The acceptance of a first party check from a retailer by a distributor, or the use of a debit card by a licensed retailer, shall not be deemed an extension of or acceptance of credit pursuant to this section.

(3) The acceptance and use of an electronic funds transfer shall not be deemed an extension or acceptance of credit pursuant to this section, provided such transfer is initiated and completed promptly and in no event completed later than five (5) business days following delivery of such wine. Any attempt by a licensed retailer to delay payment of an electronic funds transfer pursuant to this section for any period of time beyond the time set forth in this subsection, shall be deemed an acceptance of credit by the licensed retailer.

(4) Any extension or acceptance of credit in violation of the provisions of this section shall constitute the giving and receiving of aid or assistance to or by a licensed retailer prohibited by the provisions of section 23-1325, Idaho Code.

History:

[23-1326, added 1971, ch. 156, sec. 26, p. 760; am. 1999, ch. 206, sec. 3, p. 554; am. 2011, ch. 255, sec. 2, p. 700; am. 2013, ch. 288, sec. 2, p. 761.]
Idaho Code § 23-1037A — Idaho Code / Title 23 / Chapter 10 / Section 23-1037A
23-1037A LICENSES — SUSPENSION OR REVOCATION FOR VIOLATION OF OBSCENITY LAWS.
Status: in_force

23-1037A. Licenses — Suspension or revocation for violation of obscenity laws. In the event of a conviction for a violation of chapter 41, title 18, Idaho Code, relating to obscenity, by any:

(1) licensee,

(2) agent of licensee or

(3) employee of licensee if such licensee knew or should have known in the exercise of reasonable diligence that said employee was violating the provisions of chapter 41, title 18, Idaho Code, and if the violation committed by any of the above occurred on, or in connection with, premises licensed under this act by such licensee, the director shall suspend the license of such licensee for a period of six (6) months. If such licensee, or his agent or employee, has previously been convicted of a violation of chapter 41, title 18, Idaho Code, relating to obscenity, which violation occurred on, or in connection with, the premises licensed under this act by such licensee, the director shall revoke the license of such licensee.

History:

[I.C., sec. 23-1037A, as added by 1973, ch. 305, sec. 20, p. 655; am. 1974, ch. 27, sec. 53, p. 811.]
Idaho Code § 23-308 — Idaho Code / Title 23 / Chapter 3 / Section 23-308
23-308 COUNTY OPTION SUNDAY LIQUOR SALES — RESOLUTION OF COUNTY COMMISSIONERS — LOCAL OPTION COUNTY ELECTION.
Status: in_force

23-308. County option Sunday liquor sales — Resolution of county commissioners — Local option county election. (1) The board of county commissioners of each county may, by resolution regularly adopted, allow for the sale or delivery of any alcoholic liquor in, on, or from the premises of any state liquor store or distributing station in the county on any Sunday which does not fall on Christmas Day, and such sales shall be allowed so long as the resolution remains in effect. If such a resolution is adopted by the board, a copy of such resolution shall be delivered to the director of the division and to the director of the Idaho state police.

(2) Within thirty (30) days after the effective date of this act, a petition in writing signed by not less than twenty percent (20%) of the registered, qualified electors of any county may be filed with the clerk of said county requesting an election to be held to determine whether or not the sale or delivery of any alcoholic liquor in, on, or from the premises of any state liquor store or distributing station in the county on any Sunday which does not fall on Christmas Day, shall be allowed.

(3) In the event a petition is presented, the county commissioners of any such county shall, within five (5) days after the presentation of the petition, meet and determine the sufficiency thereof by ascertaining whether such petition is signed by the required number of registered, qualified electors of the county affected.

(4) In the event that a petition does not contain the required number of certified signatures, the commissioners 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 commissioners find the petition defective for lack of certified signatures. If the petition is not perfected within the sixty (60) day period, the commissioners shall declare the petition null and void ab initio in its entirety.

(5) In the event the county commissioners of said county determine that the petition is signed by the required percentage of registered, qualified electors, the commissioners shall forthwith make an order calling an election to be held within the county, subject to the provisions of section 34-106, Idaho Code, in the manner provided by law for holding elections for county officers. All the laws of the state of Idaho relating to the holding of elections of county officers for such county shall apply to the holding of the election provided for in this section. 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.

History:

[23-308, added 2004, ch. 79, sec. 2, p. 303; am. 2009, ch. 23, sec. 23, p. 59.]
Idaho Code § 23-1335 — Idaho Code / Title 23 / Chapter 13 / Section 23-1335
23-1335 VIOLATIONS OF ACT MISDEMEANORS.
Status: in_force

23-1335. Violations of act misdemeanors. Any person who violates any of the provisions of this act or fails to comply with any of the terms and conditions of this act shall be guilty of a misdemeanor.

History:

[23-1335, added 1971, ch. 156, sec. 35, p. 760.]
Idaho Code § 23-1020 — Idaho Code / Title 23 / Chapter 10 / Section 23-1020
23-1020 PENALTY.
Status: in_force

23-1020. Penalty. Any person who violates any of the provisions of this act shall be guilty of a misdemeanor.

History:

[23-1020, added 1935, ch. 132, sec. 10, p. 312.]
Idaho Code § 23-305 — Idaho Code / Title 23 / Chapter 3 / Section 23-305
23-305 COMPENSATION OF SPECIAL DISTRIBUTORS.
Status: in_force

23-305. Compensation of special distributors. Special distributors shall receive uniform compensation, which compensation shall be considered a part of the cost of sales, according to classifications fixed by the division.

History:

[23-305, added 1939, ch. 222, sec. 605, p. 465; am. 1993, ch. 238, sec. 1, p. 824; am. 2009, ch. 23, sec. 20, p. 58; am. 2012, ch. 113, sec. 10, p. 314.]
Idaho Code § 23-1056 — Idaho Code / Title 23 / Chapter 10 / Section 23-1056
23-1056 USE OF ALTERNATIVE METHOD — TIME WHEN AUTHORIZED.
Status: in_force

23-1056. Use of alternative method — Time when authorized. Use of said alternative method of payment of taxes imposed on beer as provided for in sections 23-1047 through 23-1055, shall not be authorized until the state tax commission shall adopt and promulgate a regulation permitting use of such method. On and after the effective date of any such regulation use of such alternative method shall be exclusive, provided, however, tax stamps theretofore purchased by any person liable for payment of taxes on beer and on hand may be used by such person and a credit shall be allowed to him against taxes payable with monthly reports subsequently filed in such manner as the state tax commission may prescribe, or said stamp may be submitted for redemption and refund thereon. Upon thirty (30) days written notice mailed to each brewer and dealer licensed in this state and to each brewer and foreign distributor holding a certificate of approval issued by this state the state tax commission may at any time rescind any such regulation and from and after the effective date of rescission only the method for payment of taxes on beer by use of tax stamps as provided for in section 23-1008, as amended, shall be used.

History:

[I.C., sec. 23-1056, as added by 1961, ch. 259, sec. 1, p. 430.]
Idaho Code § 23-934 — Idaho Code / Title 23 / Chapter 9 / Section 23-934
23-934 UNLICENSED ROOMS UNLAWFUL — EXCEPTION.
Status: in_force

23-934. Unlicensed rooms unlawful — Exception. It shall be unlawful for any person to keep or maintain any rooms or premises in which liquor is received or kept, whether owned by such person or by another, or to which liquor is brought, for consumption on the premises by members of the public or of any club, incorporated or unincorporated, or a corporation or association, unless such person and the premises are licensed under this act, except as provided under a liquor catering permit.

History:

[23-934, added 1955, ch. 227, sec. 1, p. 500; am. 1965, ch. 211, sec. 1, p. 484.]
Idaho Code § 23-217 — Idaho Code / Title 23 / Chapter 2 / Section 23-217
23-217 SURCHARGE ADDED TO PRICE OF ALCOHOLIC LIQUOR AND ALL OTHER MERCHANDISE SOLD — COLLECTION AND REMISSION BY DIRECTOR.
Status: in_force

23-217. Surcharge added to price of alcoholic liquor and all other merchandise sold — Collection and remission by director. (1) The director of the division is hereby authorized and directed to include in the price of alcoholic liquor and all other merchandise sold in the division, and its branches, a surcharge equal to two percent (2%) of the current price per unit computed to the nearest multiple of five cents (5¢).

(2) After the price of the surcharge has been included, the director of the division is hereby authorized and directed to allow a discount of five percent (5%) from the price of each order of alcoholic liquor and all other merchandise sold to any licensee, as defined in section 23-902(8), Idaho Code.

(3) The surcharge imposed pursuant to this section shall be collected and credited monthly to the drug court, mental health court and family court services fund, as set forth in section 1-1625, Idaho Code.

History:

[23-217, added 1959, ch. 166, sec. 1, p. 386; am. 1961, ch. 248, sec. 1, p. 411; am. 1963, ch. 428, sec. 1, p. 1107; am. 1971, ch. 3 (E.S.), sec. 1, p. 9; am. 1972, ch. 311, sec. 1, p. 772; am. 1973, ch. 290, sec. 1, p. 613; am. 1974, ch. 22, sec. 10, p. 592; am. 1974, ch. 213, sec. 1, p. 1558; am. 1976, ch. 317, sec. 1, p. 1086; am. 1982, ch. 255, sec. 1, p. 654; am. 1994, ch. 180, sec. 36, p. 450; am. 2003, ch. 291, sec. 1, p. 792; am. 2004, ch. 318, sec. 2, p. 893; am. 2005, ch. 360, sec. 3, p. 1146; am. 2006, ch. 18, sec. 2, p. 69; am. 2009, ch. 23, sec. 17, p. 57; am. 2016, ch. 268, sec. 4, p. 723.]
Idaho Code § 23-1110 — Idaho Code / Title 23 / Chapter 11 / Section 23-1110
23-1110 COMPENSATION TO DISTRIBUTOR UPON TERMINATION, CANCELLATION OR NONRENEWAL OF AGREEMENT.
Status: in_force

23-1110. Compensation to distributor upon termination, cancellation or nonrenewal of agreement. (1) In the event that an agreement is terminated, canceled or not renewed by a supplier, the distributor shall be entitled to reasonable compensation for the laid-in cost to the distributor of the inventory of the supplier's products, including any taxes paid on the inventory by the distributor, together with a reasonable charge for handling of the products.

(2) In the event that an agreement is terminated, canceled or not renewed by a supplier in bad faith or for other than good cause, the distributor shall be entitled to additional compensation from the supplier for:

(a) The fair market value of any and all assets, including ancillary businesses, relating to the transporting, storing or marketing of supplier's products; and

(b) The good will of the business.

(3) The total compensation to be paid by the supplier shall be reduced by any sum received by the distributor from sale of assets of the business used in the distribution of the supplier's products as well as by whatever value such assets may have to the distributor that are unrelated to the supplier's products.

(4) As used in subsection (2)(a) of this section, fair market value means the highest dollar amount at which a seller would be willing to sell and a buyer would be willing to buy when each possesses all information relevant to the transaction.

History:

[23-1110, added 1993, ch. 312, sec. 1, p. 1156.]
Idaho Code § 23-1042 — Idaho Code / Title 23 / Chapter 10 / Section 23-1042
23-1042 PROCEDURE FOR OTHER LICENSING AUTHORITIES.
Status: in_force

23-1042. Procedure for other licensing authorities. The licensing authority of any county or incorporated municipality shall have and exercise the same powers to revoke, suspend, or to refuse grant of renewal of a retailer's license issued or issuable by it, as are granted to the director in this act. The determination of any such licensing authority to revoke, suspend, or to refuse grant of renewal of any retailer's license, shall be upon the same grounds referred to in section 23-1037, Idaho Code, and may also be upon the grounds that the licensee has violated an ordinance validly enacted by it and regulating, governing or prohibiting the sale, manufacture, transportation or possession of alcoholic beverages or intoxicating liquor, and notice thereof shall be given, and proceedings to contest said determination allowed, as provided for in this act with respect to state licenses issued by the director. The order to show cause shall be addressed to the county commissioners of the county or to the city council of the incorporated municipality, requiring the commissioners or councilmen, or such representative as they may designate, to appear in response thereto. Service of the order to show cause and petition shall be ordered to be made upon the chairman of the board of county commissioners or mayor or city manager of the municipality, as the case may be.

History:

[I.C., sec. 23-1042, as added by 1961, ch. 299, sec. 7, p. 543; am. 1974, ch. 27, sec. 58, p. 811.]
Idaho Code § 23-1033 — Idaho Code / Title 23 / Chapter 10 / Section 23-1033
23-1033 FINANCIAL INTEREST IN OR AID TO RETAILERS PROHIBITED — CERTAIN AID PERMITTED.
Status: in_force

23-1033. Financial interest in or aid to retailers prohibited — Certain aid permitted. (1) Except as provided in section 23-1003(d), Idaho Code, it shall be unlawful for any brewer, dealer, wholesaler, or the holder of any certificate of approval, directly or indirectly, or through an affiliate, subsidiary, officer, director, agent or employee:

(a) To have any financial interest in any licensed retailer's business, or to own or control any real property upon which a licensed retailer conducts his business, except such property as shall have been so owned or controlled continuously for more than one (1) year prior to July 1, 1975; provided however, that a brewer licensed pursuant to section 23-1003(d), Idaho Code, may be permitted to have a financial interest in one (1) additional brewery licensed pursuant to section 23-1003(d), Idaho Code; or

(b) To aid or assist any licensed retailer by giving such retailer, or any employee thereof, any discounts, premiums or rebates in connection with any sale of beer; or

(c) To aid or assist any licensed retailer by furnishing, giving, renting, lending or selling any equipment, signs, supplies, services, or other thing of value to the retailer which may be used in conducting the retailer's retail beer business, except as expressly permitted by this chapter; or

(d) To enter into any lease or other agreement with any retail licensee to control the product or products sold by such retailer; or

(e) To provide for any rental or other charge to be paid to or by the retailer for product display or advertising display space.

(2) A brewer, dealer, or wholesaler as an incident to merchandising in the ordinary course of business, and if available to all licensed retailers without discrimination, may sell to a retailer equipment, supplies, or clothing which may be used in conducting the retailer's retail business. A brewer, dealer or wholesaler may not sell such equipment or supplies at a price, or under terms, intended or designed to encourage or induce the retailer to use products of the seller to the exclusion of the products of other brewers, dealers or wholesalers. In no event shall the sales price be less than the reasonable value of such equipment or supplies.

(3) Notwithstanding the provisions of subsection (2) of this section, a brewer, dealer, or wholesaler, as an incident to merchandising in the ordinary course of business, and if available to all retailers within the brewer, dealer or wholesaler's service area, without discrimination, may lend, give, furnish or sell to a retailer, the following items:

(a) Necessary accessory equipment, such as shaft blowers, tapping devices, valves, beer hoses, washers, couplings, clamps, air hoses, vents, faucets, CO2 gas regulators, picnic or party pumps, together with necessary nonmechanical or nonenergized equipment to enable cooling of beer, and CO2 gas or ice when the same is furnished at the current retail price and as a bona fide sale in the regular course of business;

(b) Signs, posters, placards, designs, devices, decorations or graphic displays bearing advertising matter and for use in windows or elsewhere in the interior of a retail establishment. The brewer, dealer or wholesaler shall not directly or indirectly pay or credit the retailer for displaying such materials or for any expense incidental to their operation;

(c) Newspaper cuts, mats or engraved blocks for use in retailer's advertisements;

(d) Items such as sports schedules, posters, calendars, informational pamphlets, decals and other similar materials for display at the point of sale which bear brand advertising for beer prominently displayed thereon, and which items are intended for use by the retailer's customers off the licensed premises and which items are made available to the retailer's customers for such purpose;

(e) Temporary signs or banners displaying a brewer's, dealer's or wholesaler's name, trademark or label, which signs may be permitted to be temporarily displayed on the exterior portion of the retailer premises in connection with a special event, in accordance with such rules relating thereto as may be established by the director.

(4) A distributor may perform services incident to or in connection with the following:

(a) The stocking, rotation and restocking of beer sold and delivered to such licensed retailer on or in such licensed retailer's storeroom, salesroom shelves or refrigerating units, including the marking or remarking of containers of such beer to indicate the selling price as established by the retailer and to the arranging, rearranging, or relocating of advertising displays referred to in this section. For the purposes of this paragraph, a wholesaler may, with the permission of the retailer, and in accordance with space allocations directed by the retailer, set, remove, replace, reset or relocate all beer upon the shelves of the retailer. Labor performed or schematics prepared by the wholesaler relating to conduct authorized pursuant to this paragraph shall not constitute prohibited conduct or unlawful aid to a retailer;

(b)(i) The inspection of a licensed retailer's draught equipment to insure sanitation and quality control;

(ii) The instruction of licensed retailers in the proper use, maintenance and care of draught equipment, glasses and products used in the sale and dispensing of beer and the preparation and distribution of written information or instructions to licensed retailers with respect thereto;

(iii) The tapping of kegs;

(iv) A wholesaler may perform such services as may be required to maintain sanitation or quality control and which are incident to the repair and cleaning of a retailer's draught beer equipment and may furnish or sell the necessary equipment and repair parts and cleaning supplies required in the performance of such services.

(5) A wholesaler may assist a retailer by temporarily providing storage of the retailer's beer for a period not in excess of seven (7) days in the event that such storage is necessary to maintain the quality of such beer during a temporary loss or failure of the retailer's refrigeration equipment.

(6) A brewery, dealer or wholesaler may furnish or give to a retailer authorized to sell beer for consumption on the licensed premises, for sampling purposes only, a container of beer containing not more than sixty-four (64) ounces, not currently being sold by the retailer, and which container is clearly marked "NOT FOR SALE — FOR SAMPLING PURPOSES ONLY."

(7) The word "ale" or "malt liquor" may be substituted for "beer" on any sign used in connection with any advertising herein permitted, provided reference shall be to ale or malt liquor which has an alcoholic content not greater than the limitation prescribed in section 23-1002, Idaho Code.

(8) Every violation of the provisions of this section by a dealer, brewer or wholesaler, in which a licensed retailer shall have actively participated shall constitute a violation on the part of such licensed retailer.

History:

[23-1033, added 1975, ch. 151, sec. 3, p. 383; am. 1976, ch. 34, sec. 1, p. 71; am. 1978, ch. 59, sec. 1, p. 115; am. 1984, ch. 232, sec. 1, p. 560; am. 1987, ch. 22, sec. 3, p. 30; am. 1991, ch. 159, sec. 1, p. 380; am. 1994, ch. 361, sec. 1, p. 1131; am. 2012, ch. 191, sec. 1, p. 515; am. 2024, ch. 279, sec. 4, p. 959.]
Idaho Code § 23-604 — Idaho Code / Title 23 / Chapter 6 / Section 23-604
23-604 MINORS — PURCHASE, CONSUMPTION OR POSSESSION PROHIBITED.
Status: in_force

23-604. Minors — Purchase, consumption or possession prohibited. Any person under twenty-one (21) years of age who shall purchase, attempt to purchase, or otherwise consume or possess any alcohol beverage, including any distilled spirits, beer or wine, shall be guilty of an infraction upon a first violation and shall be guilty of a misdemeanor upon a subsequent conviction and shall be punished according to the schedule set out in section 18-1502, Idaho Code.

History:

[23-604, added 1999, ch. 397, sec. 2, p. 1113; am. 2016, ch. 344, sec. 4, p. 990.]
Idaho Code § 23-520 — Idaho Code / Title 23 / Chapter 5 / Section 23-520
23-520 HOMEMADE BEER, WINE, MEAD, CIDER, AND OTHER FERMENTED BEVERAGES AT LICENSED PREMISES.
Status: in_force

23-520. Homemade beer, wine, mead, cider, and other fermented beverages at licensed premises. In addition to any other privilege granted to a licensee under this chapter, a licensee may conduct an organized judging, tasting, exhibition, contest, or competition of homemade beer, wine, mead, cider, or other fermented beverages produced pursuant to section 23-501, Idaho Code. Consumption at such events shall be limited solely to the participants in and designated judges of such events. Fermented beverages used for the purposes described in this section shall be served in portions not exceeding six (6) ounces and shall not be sold to, offered for sale to, or made available for consumption by the general public.

History:

[23-520, added 2022, ch. 136, sec. 2, p. 506.]
Idaho Code § 23-1402 — Idaho Code / Title 23 / Chapter 14 / Section 23-1402
23-1402 HOSPITALITY CABINET SALES.
Status: in_force

23-1402. Hospitality cabinet sales. Notwithstanding any other statute, any qualified facility, which is licensed to sell any alcoholic beverage on its premises, may also sell such beverages in sealed containers in individual portions to its qualified registered guests by means of a hospitality cabinet located in the rooms of these qualified registered guests, provided all conditions of this chapter are met.

History:

[23-1402, added 1989, ch. 208, sec. 1, p. 511.]
Idaho Code § 23-1003 — Idaho Code / Title 23 / Chapter 10 / Section 23-1003
23-1003 BREWERS', DEALERS' AND WHOLESALERS' LICENSES.
Status: in_force

23-1003. Brewers', dealers' and wholesalers' licenses. (a) Before any brewer shall manufacture or any dealer or wholesaler import or sell beer within the state of Idaho, such brewer shall apply to the director for a license. The application form shall be prescribed and furnished by the director and require that the applicant show that such brewer possesses all the qualifications and none of the disqualifications of a licensee. To determine qualification for a license, the director shall 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 with the application. The application shall also be accompanied by the required license fee; provided, that where the applicant is or will be within more than one (1) of the foregoing classifications, the applicant shall apply for each classification but shall pay only one (1) license fee, which shall be for the classification requiring the highest fee. If the director is satisfied that the applicant possesses the qualifications and none of the disqualifications for the license, the director shall issue a license for each classification applied for, subject to the restrictions and upon the conditions in this act specified, which license or licenses shall be at all times prominently displayed in the place of business of the licensee.

(b) Each wholesaler shall, in addition to the application, file with the director a notice in writing signed by the dealer or brewer and the wholesaler stating the geographic territory within which the wholesaler will distribute beer to retailers. The territory will be agreed upon between the dealer or brewer and the wholesaler and may not be changed or modified without the consent of both the dealer or brewer and the wholesaler. Provided however, nothing in this section shall be interpreted to prohibit a brewer or dealer from permitting more than one (1) distributor for the same geographic territory.

(c) In the event that a wholesaler sells beer to a retailer who is located outside the geographical territory designated by that wholesaler on the notice provided for in subsection (b) of this section, the dealer or wholesaler who has designated the geographical territory in which the sale occurred may apply to a district court of this state for the issuance of an injunction enjoining sales of beer by the wholesaler outside of its designated geographical territory. The procedure for issuance of an injunction pursuant to this act shall be subject to the Idaho rules of civil procedure. Upon proof to the court that a wholesaler has made a sale of beer outside of its designated geographical territory, the court shall issue an injunction directed to the wholesaler prohibiting sales of beer outside of its designated geographical territory.

(d) Any licensed brewer that produces fewer than thirty thousand (30,000) barrels of beer in the aggregate annually, including any beer produced outside the state of Idaho, may be issued a brewer's retail license. Upon payment of a retailer's annual license fee, and subject to the fees in sections 23-1015 and 23-1016, Idaho Code, a brewer may, at its licensed main production brewery and at no more than two (2) remote retail locations, sell at retail the products of any brewery by the individual bottle, can, or glass. Any brewer selling beer at retail or selling products of its brewery to a retailer must pay the taxes required in section 23-1008, Idaho Code, on the products of its brewery, but need not be licensed as a wholesaler for the purpose of selling beer at the brewery or at its two (2) remote retail locations. Upon annual approval by the director, a brewer licensed pursuant to this subsection shall not forfeit its right to sell the products of any brewery by the individual bottle, can, or glass at its licensed main production brewery or at either of its two (2) remote retail locations should the brewer produce more than thirty thousand (30,000) barrels of beer, provided such brewer:

(1) Has continuously brewed beer in and continuously maintained a physical presence in the state of Idaho for no less than five (5) years;

(2) Has not violated any of the provisions of this chapter resulting in a revocation or suspension of a license for multiple days during any point of the brewery's production operations; and

(3) Has surrendered any wholesale license.

(e) A brewer that produces fewer than thirty thousand (30,000) barrels of beer in the aggregate annually, including any beer produced outside the state of Idaho, may be licensed as a wholesaler for the sale of beer produced by such brewery. Such brewer shall maintain a warehouse physically located within the state of Idaho, distribute its beer using employees of the brewery with equipment owned or controlled by the brewery, and comply with and be subject to all other regulations or provisions of law that apply to a wholesaler's license, except as the laws may restrict sales at the licensed brewery or one (1) other remote retail location in accordance with the provisions of subsection (d) of this section. The holder of a brewer's retail license shall not be disqualified from holding a retail wine license or wine by the drink license for the sale of wine at the brewery's premises on the grounds that the licensee is also licensed as a wholesaler.

History:

[23-1003, added 1935, ch. 132, sec. 3, as added by 1943, ch. 167, sec. 2, p. 349; am. 1972, ch. 370, sec. 1, p. 1087; am. 1974, ch. 27, sec. 42, p. 811; am. 1987, ch. 22, sec. 1, p. 29; am. 1989, ch. 290, sec. 1, p. 717; am. 2001, ch. 284, sec. 2, p. 1015; am. 2013, ch. 187, sec. 2, p. 449; am. 2014, ch. 97, sec. 5, p. 269; am. 2015, ch. 220, sec. 2, p. 683; am. 2024, ch. 279, sec. 1, p. 957; am. 2025, ch. 112, sec. 2, p. 597; am. 2026, ch. 113, sec. 1, p. 577.]
Idaho Code § 23-510 — Idaho Code / Title 23 / Chapter 5 / Section 23-510
23-510 INSPECTION OF MANUFACTORY.
Status: in_force

23-510. Inspection of manufactory. The division shall have the power at all times to inspect any manufactory for which a license is granted hereunder.

History:

[23-510, added 1939, ch. 222, sec. 810, p. 465; am. 2009, ch. 23, sec. 40, p. 64.]
Idaho Code § 23-917 — Idaho Code / Title 23 / Chapter 9 / Section 23-917
23-917 REFERENDUM — LOCAL OPTION.
Status: in_force

23-917. Referendum — Local option. No license shall be issued hereunder until on or after July 1, 1947. Within sixty (60) days after the effective date of this chapter a petition in writing signed by not less than twenty percent (20%) of the registered, qualified electors of any city may be filed with the clerk of said city as their protest against the issuance of any license in said city under the provisions of this chapter. In the event said petition is presented, the governing body of any such city shall, within five (5) days after the presentation of said petition, meet and determine the sufficiency thereof by ascertaining whether said petition is signed by the required number of registered, qualified electors of the city affected. In the event the governing body of said city determines that said petition is signed by the required percentage of registered, qualified electors, said city governing body shall forthwith make an order calling an election to be held within said city, subject to the provisions of section 34-106, Idaho Code, in accordance with the provisions of title 34, Idaho Code, which shall apply to the holding of the election provided for in this section, except where specifically modified herein. 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.

History:

[23-917, added 1947, ch. 274, sec. 17, p. 870; am. 1995, ch. 118, sec. 12, p. 440; am. 2009, ch. 341, sec. 7, p. 1000.]
Idaho Code § 23-612 — Idaho Code / Title 23 / Chapter 6 / Section 23-612
23-612 BEER, WINE OR OTHER ALCOHOLIC BEVERAGES ON PUBLIC SCHOOL GROUNDS.
Status: in_force

23-612. Beer, wine or other alcoholic beverages on public school grounds. Every person who possesses or consumes any beer, wine or other alcoholic beverage while present at any public school function on the property of a school district is guilty of a misdemeanor. Persons under twenty-one (21) years of age who are found to be in violation of the provisions of this section because of their age shall be punished according to section 18-1502, Idaho Code.

History:

[23-612, added 1980, ch. 389, sec. 1, p. 989; am. 1981, ch. 222, sec. 5, p. 413; am. 1982, ch. 110, sec. 4, p. 313; am. 1987, ch. 212, sec. 4, p. 450; am. 1990, ch. 344, sec. 1, p. 929.]
Idaho Code § 23-1403 — Idaho Code / Title 23 / Chapter 14 / Section 23-1403
23-1403 HOSPITALITY CABINET CONTENTS.
Status: in_force

23-1403. Hospitality cabinet contents. (1) The type of alcoholic beverages contained in any hospitality cabinet of any qualified facility shall be limited to those beverages licensed for sale on such premises.

(2) Alcoholic beverage container sizes shall conform as follows:

(a) Distilled spirits, "miniature" bottles of fifty (50) milliliters or less,

(b) Wine, one-half (1/2) bottles, splits or less, and

(c) Beer, twelve (12) ounces or less.

(3) The hospitality cabinet shall contain no more than thirty (30) individual portions of alcoholic beverages at any one time.

History:

[23-1403, added 1989, ch. 208, sec. 1, p. 511.]
Idaho Code § 23-710 — Idaho Code / Title 23 / Chapter 7 / Section 23-710
23-710 VIOLATION OF INJUNCTION AND ORDER OF ABATEMENT A CONTEMPT.
Status: in_force

23-710. Violation of injunction and order of abatement a contempt. In case of the violation of any injunction or order of abatement issued under the provisions of this article, the court, or a judge at chambers, may summarily try and punish the offender for his contempt of court.

History:

[23-710, added 1939, ch. 222, sec. 1010, p. 465.]
Idaho Code § 23-212 — Idaho Code / Title 23 / Chapter 2 / Section 23-212
23-212 PERSONNEL DISQUALIFIED FROM OTHER OFFICE OR BUSINESS.
Status: in_force

23-212. Personnel disqualified from other office or business. No officer or employee of the division shall, while holding such office or position, hold any other office or position or engage in any occupation or business inconsistent or interfering with the duties of such employment.

History:

[23-212, added 1939, ch. 222, sec. 502, p. 465; am. 2009, ch. 23, sec. 13, p. 56.]
Idaho Code § 23-506 — Idaho Code / Title 23 / Chapter 5 / Section 23-506
23-506 PERMISSIVE USES SUBJECT TO REGULATION.
Status: in_force

23-506. Permissive uses subject to regulation. Any person shall have the privilege of the permissive uses hereinbefore referred to in this article without payment of fee, subject to such reasonable general regulations as the division may promulgate for the purpose of preventing any abuses of the privileges thereby permitted.

History:

[23-506, added 1939, ch. 222, sec. 806, p. 465; am. 2009, ch. 23, sec. 37, p. 63.]
Idaho Code § 23-514 — Idaho Code / Title 23 / Chapter 5 / Section 23-514
23-514 NATURE OF PERMIT.
Status: in_force

23-514. Nature of permit. A permit shall be a personal privilege, subject to be denied, revoked, or canceled for its abuse. It shall not constitute property; nor shall it be subject to attachment and execution; nor shall it be alienable or assignable. Every permit shall be issued in the name of the applicant and no person holding a permit shall allow any other person to use the same. The division, if not satisfied of the integrity and good faith of an applicant for a permit, may refuse to issue the same, or may refuse to issue a renewal thereof.

History:

[23-514, added 1939, ch. 222, sec. 814, p. 465; am. 2009, ch. 23, sec. 43, p. 64.]
Idaho Code § 23-906 — Idaho Code / Title 23 / Chapter 9 / Section 23-906
23-906 LICENSES FOR DINING, BUFFET AND CLUB CARS, COMMON CARRIER BOATS, AND COMMON CARRIER AIRLINES.
Status: in_force

23-906. Licenses for dining, buffet and club cars, common carrier boats, and common carrier airlines. Any person operating any line of railroad using dining club or buffet cars in connection with regularly operated train service, or any common carrier boat or boats, or any common carrier airline, desiring a license to sell liquor under the provisions of this act in any such cars, boats, or common carrier aircraft shall apply to the director for a license, as in this act provided, accompanying the application with the license fee herein prescribed.

History:

[23-906, added 1947, ch. 274, sec. 6, p. 870; am. 1963, ch. 423, sec. 2, p. 1098; am. 1974, ch. 27, sec. 22, p. 811.]
Idaho Code § 23-1052 — Idaho Code / Title 23 / Chapter 10 / Section 23-1052
23-1052 LICENSE REVOCATION OR SUSPENSION FOR FAILURE TO PAY OR REPORT TAX.
Status: in_force

23-1052. License revocation or suspension for failure to pay or report tax. Failure to make any report or to pay any taxes at the times required shall be grounds for the director to suspend or revoke the license or certificate of approval held by the person so defaulting in the manner provided by law.

History:

[I.C., sec. 23-1052, as added by 1961, ch. 259, sec. 1, p. 430; am. 1974, ch. 27, sec. 61, p. 811.]
Idaho Code § 23-1312 — Idaho Code / Title 23 / Chapter 13 / Section 23-1312
23-1312 BY THE DRINK LIQUOR RETAILERS MAY PURCHASE FROM DISTRIBUTORS.
Status: in_force

23-1312. By the drink liquor retailers may purchase from distributors. Any law to the contrary notwithstanding, including but not limited to section 23-914, Idaho Code, the holder of a license for the retail sale of liquor by the drink as defined in chapter 9, title 23, Idaho Code, is hereby authorized to purchase wine from persons holding valid wine distributor's licenses.

History:

[23-1312, added 1971, ch. 156, sec. 12, p. 760.]
Idaho Code § 23-706 — Idaho Code / Title 23 / Chapter 7 / Section 23-706
23-706 TEMPORARY INJUNCTION.
Status: in_force

23-706. Temporary injunction. Upon the filing of a verified complaint therefor, in any court of competent jurisdiction, the court or a judge at chambers, if satisfied that the liquor nuisance complained of exists, may allow a temporary writ of injunction, without bond, enjoining the defendant from maintaining any such nuisance within the jurisdiction of the court issuing such writ; but no such injunction shall issue unless it be made to appear to the satisfaction of the court that the owner or agent of the owner of such building or place knew, or had been personally served with notice, that such building or place was being so used and had failed to abate such nuisance, or that upon diligent inquiry such owner or agent of the owner could not be found within the state for the service of such preliminary notice.

History:

[23-706, added 1939, ch. 222, sec. 1006, p. 465.]
Idaho Code § 23-303 — Idaho Code / Title 23 / Chapter 3 / Section 23-303
23-303 PROXIMITY OF SCHOOL.
Status: in_force

23-303. Proximity of school. No liquor store or distribution station shall be located within three hundred (300) feet of a school.

History:

[23-303, added 1939, ch. 222, sec. 603, p. 465.]
Idaho Code § 23-704 — Idaho Code / Title 23 / Chapter 7 / Section 23-704
23-704 ABATEMENT AND PROSECUTION.
Status: in_force

23-704. Abatement and prosecution. Except as in this article otherwise provided, a liquor nuisance may be abated and a person maintaining a liquor nuisance may be prosecuted and punished, as provided by law in other cases of public nuisance.

History:

[23-704, added 1939, ch. 222, sec. 1004, p. 465.]
Idaho Code § 23-1022 — Idaho Code / Title 23 / Chapter 10 / Section 23-1022
23-1022 SEPARABILITY.
Status: in_force

23-1022. Separability. If any portion of this act shall be declared unconstitutional it shall not invalidate the other provisions thereof.

History:

[23-1022, added 1935, ch. 132, sec. 13, p. 312.]
Idaho Code § 23-1307A — Idaho Code / Title 23 / Chapter 13 / Section 23-1307A
23-1307A WINE BY THE DRINK ESTABLISHMENT NOT ALLOWED NEAR CHURCHES OR SCHOOLS — EXCEPTIONS.
Status: in_force

23-1307A. Wine by the drink establishment not allowed near churches or schools — Exceptions. No wine by the drink license shall be issued for any place, where wine is sold or dispensed to be consumed on the premises, whether conducted for pleasure or profit, that is within three hundred (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 (that) 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 came therein.

History:

[23-1307A, added 1978, ch. 349, sec. 2, p. 913.]
Idaho Code § 23-1303 — Idaho Code / Title 23 / Chapter 13 / Section 23-1303
23-1303 DEFINITIONS.
Status: in_force

23-1303. Definitions. (1) The following terms as used in this chapter are hereby defined as follows:

(a) "Bonded wine warehouse" means a licensed warehouse within the state of Idaho that is solely authorized to store and handle wine.

(b) "Bonded wine warehouse license" means a license that authorizes a bonded wine warehouse to solely store and handle wine. Handling of wine as provided for in this chapter includes the loading, unloading, and delivery of wine from a vintner or winery to a bonded wine warehouse, from a bonded wine warehouse to a vintner or winery, from a bonded wine warehouse to another bonded wine warehouse, or from a bonded wine warehouse to a distributor. A bonded wine warehouse license does not authorize the distribution or sale of wine.

(c) "Dessert wine" means only those wines that contain more than sixteen percent (16%) alcohol by volume, but do not exceed twenty-four percent (24%) alcohol by volume, are grape-based, and are fortified through the addition of wine-based spirits or brandy made from grapes. Dessert wine as defined herein shall not be deemed to be a spirit-based beverage for the purposes of paragraph (i) of this subsection. Dessert wine as defined in this section shall not include aromatized wines such as vermouth, quinquina, and americano.

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

(e) "Distributor" means a person to whom a wine distributor's license has been issued.

(f) "Domestic produced product" means wine at least seventy-five percent (75%) of which by volume is derived from fruit or agricultural products grown in Idaho.

(g) "Importer" means a person to whom a wine importer's license has been issued.

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

(i) "Low proof spirit beverages" means any alcoholic beverage containing not more than fourteen percent (14%) alcohol by volume obtained by distillation mixed with drinkable water, fruit juices and/or other ingredients in solution. These products shall be considered and taxed as wine. Spirit-based beverages exceeding fourteen percent (14%) alcohol by volume shall be considered as liquor and sold only through the division system.

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

(k) "Retailer" means a person to whom a retail wine license has been issued.

(l) "Retail wine license" means a license issued by the director authorizing a person to sell table wine and/or dessert wine at retail for consumption off the licensed premises.

(m) "Table wine" shall mean any alcoholic beverage containing not more than sixteen percent (16%) alcohol by volume obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar whether or not other ingredients are added.

(n) "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.

(o) "Vintner" means a person who manufactures, bottles, or sells table wine or dessert wine to importers for resale within this state other than a licensed "winery" as herein defined.

(p) "Wine" includes table wine and dessert wine, unless the context requires otherwise.

(q) "Wine by the drink license" means a license to sell table wine or dessert wine by the individual glass or opened bottle at retail, for consumption on the premises only.

(r) "Wine distributor's license" means a license issued by the director to a person authorizing such person to distribute table wine or dessert wine to retailers within the state of Idaho.

(s) "Wine importer's license" means a license issued by the director to a person authorizing such person to import table wine or dessert wine into the state of Idaho and to sell and distribute such wines to a distributor.

(t) "Winery" means a place, premises or establishment within the state of Idaho for the manufacture or bottling of table wine or dessert wine for sale. Two (2) or more wineries may use the same premises and the same equipment to manufacture their respective wines, to the extent permitted by federal law.

(u) "Winery license" means a license issued by the director authorizing a person to maintain a winery.

(2) 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 accepted meanings.

History:

[23-1303, added 1971, ch. 156, sec. 3, p. 760; am. 1973, ch. 144, sec. 1, p. 281; am. 1974, ch. 27, sec. 62, p. 811; am. 1984, ch. 221, sec. 1, p. 531; am. 1987, ch. 169, sec. 2, p. 330; am. 1994, ch. 266, sec. 1, p. 823; am. 2000, ch. 469, sec. 72, p. 1521; am. 2003, ch. 111, sec. 5, p. 354; am. 2003, ch. 119, sec. 1, p. 363; am. 2004, ch. 318, sec. 3, p. 893; am. 2008, ch. 181, sec. 1, p. 546; am. 2009, ch. 23, sec. 54, p. 67; am. 2017, ch. 73, sec. 1, p. 184; am. 2019, ch. 76, sec. 1, p. 179; am. 2020, ch. 10, sec. 1, p. 12.]
Idaho Code § 23-1315 — Idaho Code / Title 23 / Chapter 13 / Section 23-1315
23-1315 LICENSE FEES — COUNTY RETAIL LICENSE FEES — COUNTY LICENSE REQUIRED FOR RETAILERS.
Status: in_force

23-1315. License fees — County retail license fees — County license required for retailers. (a) Each importer shall pay to the state of Idaho an annual license fee of three hundred dollars ($300).

(b) Each distributor shall pay to the state of Idaho an annual license fee of three hundred dollars ($300) for each separate warehouse used for the purpose of or in connection with the sale or distribution of wine within this state.

(c) Each winery shall pay to the state an annual license fee of three hundred dollars ($300).

(d) Each retailer and wine by the drink licensee shall pay to the state of Idaho an annual license fee of one hundred dollars ($100) for each premises for which a license is issued for the sale of wine.

(e) In addition to the fee required by subsection (d) of this section, each retailer and wine by the drink licensee shall pay an annual license fee of not to exceed one hundred dollars ($100) to the county in which the licensed premises are located. If the licensed premises are located within the incorporated limits of a city, the licensee shall pay an annual license fee of not to exceed two hundred dollars ($200) to such city. Each city and county within this state are hereby authorized and empowered to determine the license fees to be paid by each retailer and wine by the drink licensee licensed pursuant to the terms and conditions of this act. No wine license issued by the director shall authorize the sale of wine at retail unless such person possesses a county and city license as may be required by the governing board thereof.

(f) Each bonded wine warehouse shall pay to the state of Idaho an annual license fee of three hundred dollars ($300) for each separate warehouse used for the sole purpose of the storage and handling of wine within the state of Idaho.

History:

[23-1315, added 1971, ch. 156, sec. 15, p. 760; am. 1973, ch. 144, sec. 6, p. 281; am. 1981, ch. 237, sec. 2, p. 478; am. 1984, ch. 221, sec. 7, p. 534; am. 2020, ch. 10, sec. 6, p. 15.]
Idaho Code § 23-610 — Idaho Code / Title 23 / Chapter 6 / Section 23-610
23-610 POSSESSION OF LIQUOR NOT SUBJECT TO REGULATION BY DIVISION — ILLEGAL — EXCEPTIONS.
Status: in_force

23-610. Possession of liquor not subject to regulation by division — illegal — Exceptions. It shall be unlawful for any person, who is not a licensee as defined in chapter 9, title 23, Idaho Code, to possess more than two (2) quarts of alcoholic liquor that has not been subjected to regulation by the division, except public carriers transporting alcoholic liquor for the division. All licensees as defined in chapter 9, title 23, Idaho Code, shall have liquor to which is affixed the official seal or label prescribed by the liquor division.

History:

[23-610, added 1939, ch. 222, sec. 910, as added by 1947, ch. 178, sec. 1, p. 435; am. 2009, ch. 23, sec. 51, p. 66; am. 2009, ch. 282, sec. 3, p. 851; am. 2010, ch. 19, sec. 3, p. 33; am. 2010, ch. 79, sec. 7, p. 137.]
Idaho Code § 23-1307 — Idaho Code / Title 23 / Chapter 13 / Section 23-1307
23-1307 QUALIFICATIONS FOR RETAIL WINE LICENSE, WINE BY THE DRINK LICENSE, BONDED WINE WAREHOUSE LICENSE, AND DISTRIBUTOR'S LICENSE.
Status: in_force

23-1307. Qualifications for retail wine license, wine by the drink license, bonded wine warehouse license, and distributor's license. (1) No retail wine license, wine by the drink license, bonded wine warehouse license, or wine distributor's license shall be issued to an applicant who at the time of making the application:

(a) If a corporation, has not qualified as required by law to do business in the state of Idaho;

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

(e) If an individual or partnership, either the individual or at least one (1) of the partners of a partnership is not nineteen (19) years of age or older.

(2) Licensed wineries shall not be required to possess a retail beer license to sell wine on the winery's original licensed premises or at locations other than the winery's original licensed premises.

(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.

History:

[23-1307, added 1971, ch. 156, sec. 7, p. 760; am. 1973, ch. 144, sec. 3, p. 281; am. 1974, ch. 27, sec. 65, p. 811; am. 1987, ch. 169, sec. 4, p. 332; am. 1992, ch. 315, sec. 4, p. 941; am. 1994, ch. 14, sec. 7, p. 27; am. 2001, ch. 284, sec. 4, p. 1018; am. 2010, ch. 87, sec. 1, p. 168; am. 2017, ch. 73, sec. 2, p. 186; am. 2020, ch. 10, sec. 3, p. 14.]
Idaho Code § 23-1334 — Idaho Code / Title 23 / Chapter 13 / Section 23-1334
23-1334 MINORS — AUTHORIZATION TO DELIVER.
Status: in_force

23-1334. Minors — Authorization to deliver. (a) The prohibitions on possession of wine by any person under the age of twenty-one (21) years do not apply to possession by a person under the age of twenty-one (21) years making a delivery in pursuance of the order of his parent or in pursuance of his employment, or when such person under the age of twenty-one (21) years is in a private residence accompanied by his parent or guardian and with such parent's or guardian's consent.

(b) Any person who shall, by any means, represent to any retailer or distributor or the agent or employee of such retailer or distributor, that any other person is twenty-one (21) years or more 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 retailer or distributor, or the agent or employee of such retailer or distributor, to sell, serve, or dispense wine to such other person shall be guilty of a misdemeanor.

History:

[23-1334, added 1971, ch. 156, sec. 34, p. 760; am. 1972, ch. 331, sec. 1, p. 833; am. 1976, ch. 292, sec. 1, p. 1010; am. 1987, ch. 212, sec. 14, p. 453; am. 1991, ch. 269, sec. 4, p. 661; am. 1994, ch. 60, sec. 1, p. 119; am. 1999, ch. 59, sec. 11, p. 155.]
Idaho Code § 23-1106 — Idaho Code / Title 23 / Chapter 11 / Section 23-1106
23-1106 SUPPLIER'S RIGHT TO DISCONTINUE DISTRIBUTION OF BRAND.
Status: in_force

23-1106. Supplier's right to discontinue distribution of brand. (1) A supplier may amend, modify, terminate, cancel, discontinue or fail to renew an agreement, with reference to a brand sold by a supplier, not less than thirty (30) days after written notice is given by the supplier as provided in section 23-1108, Idaho Code, if the supplier discontinues production or discontinues distribution in this state of a brand of beer sold by the supplier to the distributor.

(2) Nothing in this section shall prohibit a supplier from conducting test marketing of a product which is not currently being sold in this state, provided that the supplier has notified the director, Idaho state police, in writing, of its plans to conduct test marketing, which notice shall describe the market area in which the test shall be conducted, the name or names of the distributor or distributors who will be selling the product, the name or names of the product being tested, and the period of time, not to exceed eighteen (18) months, during which the testing will take place.

(3) If a supplier causes the discontinuance of distribution in this state of a brand of beer, except a brand that is being test marketed pursuant to subsection (2) of this section, then that brand cannot be reintroduced or sold to distributors within this state by any supplier for a period of six (6) months after providing the written notice required in the provisions of this section. A supplier who is test marketing a brand or brands in this state, in compliance with subsection (2) of this section, shall not be subject to the six (6) month reintroduction limitation set forth in the provisions of this subsection.

(4) Whenever a supplier discontinues distribution in this state of a brand of beer, the supplier shall be required, at the distributor's request, to purchase from the distributor any unsold inventory of that brand.

History:

[23-1106, added 1993, ch. 312, sec. 1, p. 1154; am. 2000, ch. 469, sec. 71, p. 1520.]
Idaho Code § 23-311 — Idaho Code / Title 23 / Chapter 3 / Section 23-311
23-311 CONTAINERS.
Status: in_force

23-311. Containers. No alcoholic liquor shall be sold to any purchaser, who is not a licensee as defined in chapter 9, title 23, Idaho Code, except in a sealed container and no such container shall be opened upon the premises of any state warehouse, store, or distributing station. No alcoholic liquor shall be sold to a licensee as defined in chapter 9, title 23, Idaho Code, except in a sealed container with the official seal or label prescribed by the division.

History:

[23-311, added 1939, ch. 222, sec. 611, p. 465; am. 2009, ch. 23, sec. 26, p. 60; am. 2009, ch. 282, sec. 2, p. 850; am. 2010, ch. 19, sec. 2, p. 32; am. 2010, ch. 79, sec. 6, p. 137.]
Idaho Code § 23-943 — Idaho Code / Title 23 / Chapter 9 / Section 23-943
23-943 PERSONS UNDER SPECIFIED AGES FORBIDDEN TO ENTER, REMAIN IN OR LOITER AT CERTAIN LICENSED PLACES.
Status: in_force

23-943. Persons under specified ages forbidden to enter, remain in or loiter at certain licensed places. No person under the age of twenty-one (21) years shall enter, remain in or loiter in or about any place, as herein defined, licensed for the sale of liquor by the drink at retail, or sale of beer for consumption on the premises; nor shall any licensee of either such place, or any person in charge thereof, or on duty while employed by the licensee therein, permit or allow any person under the age specified with respect thereto to remain in or loiter in or about such place.

Provided, however, it is lawful for persons who are musicians and singers eighteen (18) years of age or older, to enter and to remain in any place as defined in section 23-942, Idaho Code, but only during and in the course of their employment as musicians and singers. Provided further, that it is lawful for persons who are nineteen (19) years of age or older to sell, serve, possess or dispense liquor, beer or wine in the course of their employment in any place as defined in section 23-942, Idaho Code, or in any other place where liquor, beer or wine are lawfully present, so long as such place is the place of employment for such person under twenty-one (21) years of age. However the foregoing shall not permit the sale or distribution of any alcoholic beverages to any person under the ages specified for sale of alcoholic beverages.

History:

[23-943, added 1955, ch. 195, sec. 3, p. 420; am. 1971, ch. 59, sec. 1, p. 134; am. 1972, ch. 330, sec. 5, p. 828; am. 1972, ch. 332, sec. 1, p. 834; am. 1987, ch. 212, sec. 6, p. 450.]
Idaho Code § 23-803 — Idaho Code / Title 23 / Chapter 8 / Section 23-803
23-803 ATTORNEY GENERAL MAY ACT AS PROSECUTOR.
Status: in_force

23-803. Attorney general may act as prosecutor. The attorney general shall, in every county in the state, have the same powers as the prosecuting attorney thereof with respect to the prosecution of criminal actions and abatement proceedings under this act.

History:

[23-803, added 1939, ch. 222, sec. 1103, p. 465.]
Idaho Code § 23-933 — Idaho Code / Title 23 / Chapter 9 / Section 23-933
23-933 SUSPENSION, REVOCATION, AND REFUSAL TO RENEW LICENSES.
Status: in_force

23-933. Suspension, revocation, and refusal to renew licenses. (1) The director may suspend, revoke, or refuse to renew a license issued pursuant to the terms of this chapter for any violation of or failure to comply with the provisions of this chapter or rules and regulations promulgated by the director or the state tax commission pursuant to the terms and conditions of this chapter. Procedures for the suspension, revocation, or refusal to grant or renew licenses issued under this chapter shall be in accordance with the provisions of chapter 52, title 67, Idaho Code.

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

[23-933, added 1980, ch. 223, sec. 2, p. 497; am. 1981, ch. 199, sec. 1, p. 351; am. 1991, ch. 50, sec. 1, p. 91; am. 1993, ch. 347, sec. 1, p. 1291.]
Idaho Code § 23-509A — Idaho Code / Title 23 / Chapter 5 / Section 23-509A
23-509A SAMPLE TASTING FOR MANUFACTURERS OF DISTILLED SPIRITS.
Status: in_force

23-509A. Sample Tasting for manufacturers of distilled spirits. (1) For purposes of this section, "manufacturer of distilled spirits" means a distillery that holds a permit issued by the alcohol and tobacco tax and trade bureau (TTB) and is licensed by the state of Idaho as an Idaho state manufacturer of distilled spirits.

(2) A manufacturer of distilled spirits may offer sample tastings on the premises of such distillery.

(3) A manufacturer of distilled spirits 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).

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

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

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

(8) 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 distilled spirits.

History:

[23-509A, added 2014, ch. 274, sec. 1, p. 683.]
Idaho Code § 23-1051 — Idaho Code / Title 23 / Chapter 10 / Section 23-1051
23-1051 REGULATIONS.
Status: in_force

23-1051. Regulations. The state tax commission shall be, and it is hereby, authorized to adopt and promulgate such rules and regulations as may be necessary to assure payment of taxes on beer, 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 beer to show on such monthly reports information concerning their inventories, purchases, sales and shipments of beer; requiring monthly informational reports from dealers and wholesalers licensed in this state concerning their inventories, purchases, sales and shipments of beer; requiring reports from carriers, both public and private, concerning deliveries of beer made in this state by such carriers and shipments of beer made by such carriers out of this state; requiring persons liable for payment of taxes imposed on beer and dealers and wholesalers licensed in this state to maintain complete and accurate books, records and accounts on transactions involving beer; and establishing grounds upon which delay in filing reports or paying taxes imposed on beer may be considered justifiable and without fault on the part of the person liable therefor.

History:

[I.C., sec. 23-1051, as added by 1961, ch. 259, sec. 1, p. 430.]
Idaho Code § 23-934A — Idaho Code / Title 23 / Chapter 9 / Section 23-934A
23-934A ALCOHOL BEVERAGE CATERING PERMIT — APPLICATION.
Status: in_force

23-934A. Alcohol beverage catering permit — Application. An alcohol beverage catering permit is a permit issued pursuant to this section that authorizes the permittee to serve and sell liquor by the drink, beer and wine, or beer, or wine, at a festival or convention, for a time period not to exceed five (5) consecutive days, with an option to request one (1) permit extension on the same terms and conditions as the original permit, which extension may be issued or denied at the sole and absolute discretion of the original issuing entity, or at a party for a time period not to exceed two (2) consecutive days. An alcohol beverage catering permit shall be limited to authorization to sell liquor or beer or wine, or any combination thereof, based upon the type of license the applicant possesses. Applications for such permit shall be made to the city within which the liquor, beer or wine is to be served, or if not within a city then to the county, on such form as prescribed by the city or county which shall contain at a minimum, but not limited to, the following information:

(1) The name and address of the applicant and the number of his state liquor, beer or wine license.

(2) The dates and hours during which the original permit is to be effective, not to exceed five (5) consecutive days.

(3) The names of the organizations, groups, or persons sponsoring the event.

(4) The address at which the liquor, beer or wine is to be served, and if a public building, the rooms in which the liquor, beer or wine is to be served.

The application shall be verified by the applicant and filed with the appropriate governing body or its designee. A filing fee in the amount of twenty dollars ($20.00) for each day the permit is to be effective shall be paid to the treasury of the governing body which shall not be refunded in any event. Any alcohol beverage catering permit shall be valid only within the issuing jurisdiction.

No alcohol beverage catering permit issued pursuant to this section shall be used on a licensed premise. An alcohol beverage catering permit issued pursuant to this section shall only be exercised by the licensee on record.

History:

[23-934A, added 1965, ch. 211, sec. 2, p. 484; am. 1970, ch. 258, sec. 1, p. 690; am. 1974, ch. 27, sec. 34, p. 811; am. 1987, ch. 58, sec. 1, p. 104; am. 1992, ch. 57, sec. 1, p. 167; am. 1999, ch. 58, sec. 2, p. 148; am. 2016, ch. 268, sec. 2, p. 722.]
Idaho Code § 23-309 — Idaho Code / Title 23 / Chapter 3 / Section 23-309
23-309 SALES.
Status: in_force

23-309. Sales. No state liquor store or special distributor shall sell any alcoholic liquor or any other merchandise on behalf of the division except for cash, check, money order, credit card, electronic funds transfer or debit card. In addition, the division shall, under such rules as may be adopted by it, authorize state liquor stores or special distributors to accept a check, credit cards, electronic funds transfer or debit card from persons licensed for the retail sale of liquor by the drink pursuant to chapter 9, title 23, Idaho Code, as payment for purchases from the division. Dishonor of any credit device given by such person shall constitute grounds for suspension or revocation of such person's license pursuant to section 23-933, Idaho Code, in addition to any other remedy provided by law.

History:

[23-309, added 1939, ch. 222, sec. 609, p. 465; am. 1977, ch. 124, sec. 1, p. 264; am. 1988, ch. 216, sec. 1, p. 410; am. 1999, ch. 206, sec. 1, p. 553; am. 2006, ch. 18, sec. 3, p. 69; am. 2009, ch. 23, sec. 25, p. 60; am. 2012, ch. 113, sec. 12, p. 314.]
Idaho Code § 23-104 — Idaho Code / Title 23 / Chapter 1 / Section 23-104
23-104 SEPARABILITY.
Status: in_force

23-104. Separability. Should any section, clause, sentence, or provision of this act, be held invalid for any reason, such holding or decree shall not be construed as affecting the validity of any of the remaining portions hereof, it being declared that the legislature would have adopted the remainder of this act, notwithstanding the invalidity of any such section, clause, sentence, or provision.

History:

[23-104, added 1939, ch. 222, sec. 104, p. 465.]
Idaho Code § 23-1325B — Idaho Code / Title 23 / Chapter 13 / Section 23-1325B
23-1325B SERVICES PERMITTED INCIDENT TO WINE DISPENSING SYSTEMS — CERTAIN ADVERTISING MATERIALS PERMITTED.
Status: in_force

23-1325B. Services permitted incident to wine dispensing systems — Certain advertising materials permitted. (1) To the extent permitted by federal law and regulations adopted pursuant thereto, a distributor may furnish, install and perform repair services on wine dispensing systems on the premises of a retailer. The distributor shall collect from the retailer the reasonable value thereof, which value shall not be less than the cost of such system or service to the distributor. Dispensing systems may include, but shall not be limited to, tapping devices, spigots, valves, hose, washers, couplings, clamps, air hose, vents, faucets and pumping devices and CO2 regulators. A distributor may perform cleaning and sanitary services relating to the dispensing system without charge.

(2) Notwithstanding the provisions of section 23-1325, Idaho Code, a distributor may furnish to the retailer, without charge, recipes and brochures explaining wine and other products.

(3) Labor performed or equipment, brochures or recipes furnished pursuant to the provisions of this section shall not constitute prohibited conduct or unlawful aid to a retailer.

History:

[23-1325B, added 1990, ch. 406, sec. 1, p. 1132.]
Idaho Code § 23-304 — Idaho Code / Title 23 / Chapter 3 / Section 23-304
23-304 QUALIFICATIONS OF SPECIAL DISTRIBUTORS.
Status: in_force

23-304. Qualifications of special distributors. A special distributor shall have been a resident of the state for at least six (6) months prior to his selection and shall be a person having a reputation for probity, temperance and integrity.

History:

[23-304, added 1939, ch. 222, sec. 604, p. 465; am. 1945, ch. 43, sec. 1, p. 56; am. 1973, ch. 23, sec. 1, p. 44; am. 2012, ch. 113, sec. 9, p. 314.]
Idaho Code § 23-927 — Idaho Code / Title 23 / Chapter 9 / Section 23-927
23-927 HOURS OF SALE OF LIQUOR.
Status: in_force

23-927. Hours of sale of liquor. (1) No liquor shall be sold, offered for sale, or given away upon any licensed premises, and all liquor not in sealed bottles must be locked in a separate room or cabinet during the following hours:

a. Sunday, Memorial Day, Thanksgiving and Christmas from 1 o'clock A.M., to 10 o'clock A.M. the following day; provided however, that on any Sunday not otherwise being a prescribed holiday, it shall be lawful for a licensee having banquet area or meeting room facilities, separate and apart from the usual dispensing area (bar room) and separate and apart from a normal public dining room unless such dining room is closed to the public, to therein dispense liquor between the hours of 2 o'clock P.M. and 11 o'clock P.M. to bona fide participants of banquets, receptions or conventions for consumption only within the confines of such banquet area or meeting room facility.

b. On any other day between 1 o'clock A.M. and 10 o'clock A.M.

c. When any city or county has any ordinance further limiting the hours of sale of liquor, by the drink, then such hours shall be fixed by such ordinance.

(2) A county or city may, however, by ordinance, allow the sale of liquor by the drink on a Sunday, Memorial Day and Thanksgiving, and may also extend until 2 o'clock A.M. the hours of the sale of liquor by the drink.

(3) Any patron present on the licensed premises after the sale of liquor has stopped as provided in subsection (1) and subsection (2) above shall have a reasonable time, not to exceed thirty (30) minutes, to consume any beverages already served.

(4) Any person who consumes or intentionally permits the consumption of any alcoholic beverage upon licensed premises after the time provided for in subsection (3) shall be guilty of a misdemeanor.

(5) It shall be the duty of every person who is employed at or upon a licensed premises or who owns or manages a licensed premises and is present upon the licensed premises during the hours and at the time set forth in subsection (1) and subsection (2) of this section to lock up and keep locked up in a locked room or locked cabinet all unsealed containers of liquor during the hours and at the times set forth in subsection (1) and subsection (2) of this section, and any such person who fails to perform the duty provided herein shall be guilty of a misdemeanor.

History:

[23-927, added 1947, ch. 274, sec. 25, p. 870; am. 1971, ch. 95, sec. 1, p. 207; am. 1977, ch. 143, sec. 3, p. 318; am. 1986, ch. 223, sec. 1, p. 610; am. 1987, ch. 110, sec. 1, p. 222; am. 1989, ch. 64, sec. 8, p. 104; am. 2003, ch. 284, sec. 1, p. 769; am. 2008, ch. 248, sec. 2, p. 729.]
Idaho Code § 23-1002 — Idaho Code / Title 23 / Chapter 10 / Section 23-1002
23-1002 ALCOHOLIC CONTENT.
Status: in_force

23-1002. Alcoholic content. Beer containing not more than sixteen percent (16%) of alcohol by volume may be manufactured, imported, and/or sold and distributed in and into this state or possessed therein in the manner and under the conditions prescribed in this act and not otherwise.

History:

[23-1002, added 1935, ch. 132, sec. 2, p. 312; am. 1988, ch. 301, sec. 1, p. 957; am. 2015, ch. 244, sec. 4, p. 1010; am. 2021, ch. 233, sec. 1, p. 710.]
Idaho Code § 23-102 — Idaho Code / Title 23 / Chapter 1 / Section 23-102
23-102 PURPOSE OF ACT.
Status: in_force

23-102. Purpose of act. This act is passed in the exercise of the police power of the state. It is not designed to abridge the personal privilege of a responsible adult to consume alcoholic liquor as a beverage, except in cases of the abuse of that privilege to the detriment of others. The public interest requires that traffic in alcoholic liquor be regulated and controlled by the state, through the medium of a state liquor division vested with exclusive authority to import and sell such liquor, with certain exceptions, which are subject to its regulation.

History:

[23-102, added 1939, ch. 222, sec. 102, p. 465; am. 2009, ch. 23, sec. 2, p. 53.]
Idaho Code § 23-936 — Idaho Code / Title 23 / Chapter 9 / Section 23-936
23-936 DUTY OF PUBLIC OFFICERS.
Status: in_force

23-936. Duty of public officers. It is hereby made the duty of the prosecuting attorneys, sheriffs, and all constables and peace officers of the counties or municipalities knowing of any violation of this act to make complaint before the proper tribunal and perform the duties of their offices with respect to the prosecution and conviction of such offenders. Any such officer knowingly refusing to inform against or prosecute any offender under the provisions of this act shall be subject to action against him as provided in chapter 41, title 19, Idaho Code.

History:

[23-936, added 1947, ch. 274, sec. 33, p. 870; am. 1999, ch. 103, sec. 3, p. 328.]
Idaho Code § 23-921 — Idaho Code / Title 23 / Chapter 9 / Section 23-921
23-921 NO RETAIL SALE EXCEPT BY THE DRINK.
Status: in_force

23-921. No retail sale except by the drink. It shall be unlawful for any licensee to sell, keep for sale, dispense, give away, or otherwise dispose of any liquor in the original containers or otherwise than by retail sale by the drink.

History:

[23-921, added 1947, ch. 274, sec. 21, p. 870.]
Idaho Code § 23-519 — Idaho Code / Title 23 / Chapter 5 / Section 23-519
23-519 SPECIFIC GROUNDS OF SUSPENSION AND REVOCATION OF PERMITS.
Status: in_force

23-519. Specific grounds of suspension and revocation of permits. Without limiting the powers of the division in the matter of revocation of permits for other cause of abuse of the privilege, the division is hereby empowered to revoke or suspend a permit of any permittee upon satisfactory proof of any of the following grounds or causes:

(a) Drunkenness or apparent drunkenness, within or without the state of Idaho.

(b) Desertion or nonsupport of family or dependents.

(c) Dependence upon public assistance or relief in any case where it appears that the purchase or consumption of intoxicating liquor by the permittee tends to deprive his family and dependents of needed subsistence.

History:

[23-519, added 1939, ch. 222, sec. 819, p. 465; am. 2009, ch. 23, sec. 47, p. 65.]
Idaho Code § 23-1025 — Idaho Code / Title 23 / Chapter 10 / Section 23-1025
23-1025 LICENSE AND TRANSFER FEES — ALCOHOL BEVERAGE CONTROL FUND.
Status: in_force

23-1025. 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:

[23-1025, added 2012, ch. 160, sec. 2, p. 436.]
Idaho Code § 23-402 — Idaho Code / Title 23 / Chapter 4 / Section 23-402
23-402 APPROPRIATION.
Status: in_force

23-402. Appropriation. All moneys appropriated for, accruing to, or received by said fund are hereby appropriated for the purpose of this act for the purchase of alcoholic liquor, and the purchase of other nonalcohol merchandise sold through the division and payment of expenses of administration and operation of the division, and the same shall be paid out by the state treasurer only upon vouchers prepared and certified to by the division and approved by the state board of examiners.

History:

[23-402, added 1939, ch. 222, sec. 702, p. 465; am. 2006, ch. 18, sec. 5, p. 70; am. 2009, ch. 23, sec. 29, p. 60.]
Idaho Code § 23-920 — Idaho Code / Title 23 / Chapter 9 / Section 23-920
23-920 SUBSEQUENT ELECTIONS.
Status: in_force

23-920. Subsequent elections. A similar election may be subsequently called and held upon the issue of whether the sale of liquor by the drink shall be prohibited or, if prohibited, then an election to determine whether the sale of liquor by the drink shall be licensed. Such subsequent election shall be held upon the filing of a petition, as provided in section 23-917, signed by the requisite percentage of qualified electors. No such subsequent election shall be held prior to November 1, 1949, or oftener than two (2) years after the holding of any such subsequent election.

History:

[23-920, added 1947, ch. 274, sec. 20, p. 870.]
Idaho Code § 23-313 — Idaho Code / Title 23 / Chapter 3 / Section 23-313
23-313 LIQUOR NOT TO BE CONSUMED ON PREMISES.
Status: in_force

23-313. Liquor not to be consumed on premises. No vendor, officer, clerk, servant, agent, or employee of the division employed in any state liquor store, state-owned warehouse, or distributing station shall allow any alcoholic liquor to be consumed on the premises of such state warehouse, store, or distributing station, except for sampling purposes only, as described in section 23-314, Idaho Code. Nor shall any vendor, officer, clerk, servant, agent, or employee of the division consume any such liquor on such premises.

History:

[23-313, added 1939, ch. 222, sec. 613, p. 465; am. 2009, ch. 23, sec. 28, p. 60; am. 2020, ch. 293, sec. 1, p. 845.]
Idaho Code § 23-517 — Idaho Code / Title 23 / Chapter 5 / Section 23-517
23-517 SUSPENSION AND REVOCATION OF PERMITS.
Status: in_force

23-517. Suspension and revocation of permits. The division may suspend or revoke a permit, for the abuse of its privileges, after reasonable notice and fair hearing in accordance with reasonable rules of procedure prescribed by it.

In lieu of other remedies in this section authorized, the division may, as a condition precedent to a continuance of his permit, in any case where the permittee has not theretofore given bond, exact from him 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 observance of the provisions of this act and the regulations 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:

[23-517, added 1939, ch. 222, sec. 817, p. 465; am. 2009, ch. 23, sec. 45, p. 65.]
Idaho Code § 23-1317 — Idaho Code / Title 23 / Chapter 13 / Section 23-1317
23-1317 TRANSFER OF LICENSES — FEE — APPLICATION FOR APPROVAL.
Status: in_force

23-1317. Transfer of licenses — Fee — Application for approval. (a) No winery license, wine distributor's license, wine by the drink license, bonded wine warehouse license, or retail wine license may be transferred to another person, including an executor, administrator, or trustee in bankruptcy of the estate of the licensee, unless the transferee shall first have obtained the approval of the director to such transfer upon application containing the substantially same information required of an applicant for a winery license, wine distributor's license, bonded wine warehouse license, or retail wine license, as the case may be. If the transferee possesses all of the qualifications and none of the disqualifications for such license, the director shall approve the transfer by issuing a license to the transferee. The fee for each transfer of a winery license, wine distributor's license, wine by the drink license, bonded wine warehouse license, or a retail wine license shall be twenty dollars ($20.00), which fee shall accompany the application for transfer.

(b) Application to transfer a winery license, wine distributor's license, wine by the drink license, bonded wine warehouse license, or retail wine license from one location to another shall be made to the director on forms prescribed and furnished by the director. The director shall approve any such transfer upon submission of the application and receipt by the director of a transfer fee of twenty dollars ($20.00).

(c) The director, in his discretion, may deny the transfer of a license during the pendency of any proceedings for suspension or revocation instituted pursuant to the provisions of this chapter.

History:

[23-1317, added 1971, ch. 156, sec. 17, p. 760; am. 1973, ch. 144, sec. 7, p. 281; am. 1974, ch. 27, sec. 68, p. 811; am. 1984, ch. 221, sec. 8, p. 534; am. 1991, ch. 28, sec. 3, p. 57; am. 2020, ch. 10, sec. 7, p. 16.]
Idaho Code § 23-808 — Idaho Code / Title 23 / Chapter 8 / Section 23-808
23-808 LEGISLATIVE FINDING AND INTENT — CAUSE OF ACTION.
Status: in_force

23-808. Legislative finding and intent — Cause of action. (1) The legislature finds that it is not the furnishing of alcoholic beverages that is the proximate cause of injuries inflicted by intoxicated persons and it is the intent of the legislature, therefore, to limit dram shop and social host liability; provided, that the legislature finds that the furnishing of alcoholic beverages may constitute a proximate cause of injuries inflicted by intoxicated persons under the circumstances set forth in subsection (3) of this section.

(2) No claim or cause of action may be brought by or on behalf of any person who has suffered injury, death or other damage caused by an intoxicated person against any person who sold or otherwise furnished alcoholic beverages to the intoxicated person, except as provided in subsection (3) of this section.

(3) A person who has suffered injury, death or any other damage caused by an intoxicated person, may bring a claim or cause of action against any person who sold or otherwise furnished alcoholic beverages to the intoxicated person, only if:

(a) The intoxicated person was younger than the legal age for the consumption of alcoholic beverages at the time the alcoholic beverages were sold or furnished and the person who sold or furnished the alcoholic beverages knew or ought reasonably to have known at the time the alcoholic beverages were sold or furnished that the intoxicated person was younger than the legal age for consumption of the alcoholic beverages; or

(b) The intoxicated person was obviously intoxicated at the time the alcoholic beverages were sold or furnished, and the person who sold or furnished the alcoholic beverages knew or ought reasonably to have known that the intoxicated person was obviously intoxicated.

(4) (a) No claim or cause of action pursuant to subsection (3) of this section shall lie on behalf of the intoxicated person nor on behalf of the intoxicated person's estate or representatives.

(b) No claim or cause of action pursuant to subsection (3) of this section shall lie on behalf of a person who is a passenger in an automobile driven by an intoxicated person nor on behalf of the passenger's estate or representatives.

(5) No claim or cause of action may be brought under this section against a person who sold or otherwise furnished alcoholic beverages to an intoxicated person unless the person bringing the claim or cause of action notified the person who sold or otherwise furnished alcoholic beverages to the intoxicated person within one hundred eighty (180) days from the date the claim or cause of action arose by certified mail that the claim or cause of action would be brought.

(6) For the purposes of this section, the term "alcoholic beverage" shall include alcoholic liquor as defined in section 23-105, Idaho Code, beer as defined in section 23-1001, Idaho Code, and wine as defined in section 23-1303, Idaho Code.

History:

[23-808, added 1986, ch. 285, sec. 1, p. 708.]
Idaho Code § 23-1033A — Idaho Code / Title 23 / Chapter 10 / Section 23-1033A
23-1033A PROHIBITION OF CERTAIN TRADE PRACTICES BETWEEN BREWERS OR DEALERS AND WHOLESALERS.
Status: in_force

23-1033A. Prohibition of certain trade practices between brewers or dealers and wholesalers. (1) It shall be unlawful for any brewer or dealer, directly or indirectly, or through an affiliate, subsidiary, officer, director, agent or employee:

(a) To require that any wholesaler purchase any such beer or other distributed products from such person to the exclusion in whole or in part of beer or other products made or imported by other dealers or brewers;

(b) To discriminate in price, allowance, rebate, refund, commission, discount, or service between the wholesalers purchasing beer or other products from such brewer or dealer;

(c) To threaten any wholesaler with any discrimination prohibited under subsection (1)(b) of this section, with the purpose or effect of changing or maintaining resale prices of the wholesaler;

(d) To impose conditions or restrictions on a wholesaler not generally imposed on other wholesalers of such brewer.

(2) Nothing in this section shall be deemed to prohibit brewers or dealers from selecting their own customers in bona fide transactions not in restraint of trade, nor to prohibit a brewer, or any affiliate or subsidiary of such brewer, duly licensed as a wholesaler from selling and distributing beer or other products manufactured by such brewer at wholesale to the exclusion of beer or other products manufactured by any other brewers. The terms "wholesaler" and "wholesalers" as used in this section shall mean a wholesaler or wholesalers licensed and engaged as such in the sale and distribution of beer in the state of Idaho.

History:

[23-1033A, added 1977, ch. 148, sec. 1, p. 326; am. 2000, ch. 428, sec. 1, p. 1383.]
Idaho Code § 23-1320 — Idaho Code / Title 23 / Chapter 13 / Section 23-1320
23-1320 SECURITY FOR TAX.
Status: in_force

23-1320. 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:

[23-1320, added 1988, ch. 182, sec. 4, p. 320.]
Idaho Code § 23-1005A — Idaho Code / Title 23 / Chapter 10 / Section 23-1005A
23-1005A TRANSFER OF LICENSE — FEE — APPLICATION FOR APPROVAL.
Status: in_force

23-1005A. Transfer of license — Fee — Application for approval. (a) No brewer, dealer or wholesaler of beer license issued pursuant to section 23-1003, Idaho Code, or any beer retailer license issued pursuant to section 23-1010, Idaho Code, may be transferred to another person, including an executor, administrator, or trustee in bankruptcy of the estate of the licensee, unless the transferee shall first have obtained the approval of the director to such transfer upon application containing substantially the same information required of an applicant for a brewer's, dealer's, wholesaler's or retailer's beer license, as the case may be. If the transferee possesses all the qualifications and none of the disqualifications for such license, the director shall approve the transfer by issuing a license to the transferee. The fee for each transfer of a brewer's, dealer's, wholesaler's or retailer's beer license shall be twenty dollars ($20.00), which fee shall accompany the application for transfer.

(b) Application for a transfer of any beer license from one location to another shall be made to the director on forms prescribed and furnished by the director. The director shall approve such transfer upon submission of the application and receipt by the director of a transfer fee of twenty dollars ($20.00).

(c) The director, in his discretion, may deny the transfer of a license during the pendancy of any proceedings for suspension or revocation instituted pursuant to the provisions of this chapter.

History:

[23-1005A, added 1979, ch. 137, sec. 1, p. 433; am. 1991, ch. 28, sec. 2, p. 56.]
Idaho Code § 23-957 — Idaho Code / Title 23 / Chapter 9 / Section 23-957
23-957 YEAR-ROUND LIQUOR LICENSE.
Status: in_force

23-957. Year-round liquor license. (1) Nothing in this chapter shall prohibit the issuance of not more than twelve (12) licenses to the owner, operator or lessee of beverage, lodging or dining facilities located and operated within the ownership, boundaries, or leasehold premises of a year-round resort.

(2) Nothing contained in this chapter shall prohibit the issuance of a license to the owner, operator or lessee of a golf course, ski resort, cross-country skiing facility or waterfront resort, as defined in sections 23-903, 23-903a and 23-948, Idaho Code, located within the ownership, boundaries, or leasehold premises of a year-round resort, provided that such license shall count against the maximum number of licenses allowed by subsection (1) of this section.

(3) No license issued to the owner, operator or lessee of beverage, lodging or dining facilities located and operated within the ownership, boundaries, or leasehold premises of a year-round resort shall be transferable to another location or facility located outside the ownership, boundaries, or leasehold premises of the year-round resort.

(4) The fees for licenses granted to the owner, operator or lessee of beverage, lodging or dining facilities located and operated within the ownership, boundaries, or leasehold premises of a year-round resort shall be the same as those prescribed for year-round resorts in section 23-904(10), Idaho Code.

(5) "Year-round resort" means a resort open to the public year-round that shall have all of the following within the ownership, boundaries, or leasehold premises of the resort:

(a) Cross-country skiing on not less than thirty (30) kilometers of groomed cross-country skiing trails;

(b) Alpine skiing on real property of not less than eight hundred fifty (850) acres, operating two (2) or more chairlifts with a vertical lift of two thousand eight hundred (2,800) feet or more, and having operating snowmaking equipment providing coverage to at least seventy-five (75) acres of skiing;

(c) A golf course having:

(i) No less than eighteen (18) holes with greens, fairways and tees laid out in the usual and regular manner of a golf course;

(ii) A total distance of seven thousand (7,000) yards as measured by totaling the tee-to-green distance of all holes; and

(iii) The course planted in grass;

(d) Mountain bike activities that include at least twelve (12) miles of single-track trails, chairlift-served access to at least two thousand eight hundred (2,800) feet of vertical descent and a full-service bike rental and repair facility; and

(e) At least seventy (70) private residences and accommodations available to provide overnight lodging and dining facilities serving at least two (2) meals per day for at least five hundred (500) persons located within the ownership, boundaries, or leasehold premises of the resort.

History:

[23-957, added 2006, ch. 449, sec. 2, p. 1334; am. 2008, ch. 178, sec. 2, p. 530; am. 2019, ch. 88, sec. 1, p. 216.]
Idaho Code § 23-1011 — Idaho Code / Title 23 / Chapter 10 / Section 23-1011
23-1011 ISSUANCE OF LICENSES.
Status: in_force

23-1011. Issuance of licenses. Notwithstanding any other provision of chapter 10, title 23, Idaho Code, all applications for retail sale of beer licenses, renewals, or transfers thereof, shall be first presented to the director of the Idaho state police for approval and issuance of the state license required by state law. If the license, renewal or transfer thereof is approved by the director, then such license, renewal or transfer thereof may be issued by the city or county, or both, as the case may be. Approval of such license, renewal or transfer thereof may be by endorsement upon the state license or by the issuance of an additional license, at the option of the city or county.

History:

[23-1011, added 1976, ch. 165, sec. 1, p. 595; am. 1983, ch. 50, sec. 1, p. 121; am. 1991, ch. 137, sec. 6, p. 324; am. 2000, ch. 469, sec. 69, p. 1519.]
Idaho Code § 23-105 — Idaho Code / Title 23 / Chapter 1 / Section 23-105
23-105 ALCOHOLIC LIQUOR DEFINED.
Status: in_force

23-105. Alcoholic liquor defined. "Alcoholic liquor," as the term is used in this act, includes:

(a) "Alcohol," meaning the product of distillation of any fermented liquor, rectified once or more than once, whatever may be the origin thereof, or synthetic ethyl alcohol.

(b) "Spirits," meaning any beverage which contains alcohol obtained by distillation mixed with drinkable water and other substances in solution, including, among other things, brandy, rum, whiskey and gin.

(c) Any liquid or solid, patented or not, containing spirits, and susceptible of being consumed by a human being for beverage purposes and containing more than four percent (4%) of alcohol by volume.

History:

[23-105, added 1939, ch. 222, sec. 106, p. 465; am. 2011, ch. 130, sec. 1, p. 363; am. 2012, ch. 113, sec. 1, p. 311.]
Idaho Code § 23-1333 — Idaho Code / Title 23 / Chapter 13 / Section 23-1333
23-1333 OPEN OR UNSEALED CONTAINERS OF WINE IN MOTOR VEHICLES ON HIGHWAYS PROHIBITED.
Status: in_force

23-1333. Open or unsealed containers of wine in motor vehicles on highways prohibited. No person may, while operating or riding in or upon a motor vehicle upon a public highway of this state, have in his possession any wine in an open or unsealed container of any kind.

History:

[23-1333, added 1971, ch. 156, sec. 33, p. 760.]
Idaho Code § 23-306 — Idaho Code / Title 23 / Chapter 3 / Section 23-306
23-306 GENERAL CONDUCT AND MANAGEMENT.
Status: in_force

23-306. General conduct and management. In the conduct and management of liquor stores and distributing stations, special distributors shall be subject to the provisions of this act and the rules and regulations of the division.

History:

[23-306, added 1939, ch. 222, sec. 606, p. 465; am. 2009, ch. 23, sec. 21, p. 58; am. 2012, ch. 113, sec. 11, p. 314.]
Idaho Code § 23-310 — Idaho Code / Title 23 / Chapter 3 / Section 23-310
23-310 ORIGINAL PACKAGE.
Status: in_force

23-310. Original package. Alcoholic liquor shall be sold and purchased only in the original package.

History:

[23-310, added 1939, ch. 222, sec. 610, p. 465.]
Idaho Code § 23-518 — Idaho Code / Title 23 / Chapter 5 / Section 23-518
23-518 SURRENDER OF PERMITS.
Status: in_force

23-518. Surrender of permits. Whenever a permit shall have been voided, canceled or suspended, the holder thereof shall forthwith deliver the same to the division. The division shall notify all vendors and special distributors of voidances, cancellations and suspensions. No permit shall be issued to a person whose permit has been voided or canceled within a period of one (1) year from the date of voidance or cancellation of his former permit.

History:

[23-518, added 1939, ch. 222, sec. 818, p. 465; am. 2009, ch. 23, sec. 46, p. 65.]
Idaho Code § 23-1113 — Idaho Code / Title 23 / Chapter 11 / Section 23-1113
23-1113 WAIVER OF BENEFITS OF CHAPTER.
Status: in_force

23-1113. Waiver of benefits of chapter. No agreement shall require a supplier or distributor to waive any rights granted pursuant to any provision of this chapter and the provisions of any agreement which would have such an effect shall be null and void. However, if a good faith dispute arises between the parties as to the meaning of any rights or obligations created in the provisions of this chapter, or the performance by a party of its obligations, the parties may enter into a written voluntary settlement of the dispute.

History:

[23-1113, added 1993, ch. 312, sec. 1, p. 1157.]
Idaho Code § 23-702 — Idaho Code / Title 23 / Chapter 7 / Section 23-702
23-702 BUILDING AND EQUIPMENT.
Status: in_force

23-702. Building and equipment. A building, vehicle, car, or boat where alcoholic liquors are manufactured, stored, transported, sold, or otherwise dispensed, or where persons are permitted to resort for the purpose of purchasing or drinking alcoholic liquor, except as in this act authorized, permitted, or licensed, and all alcoholic liquor, vessels, glasses, kegs, pumps, bars, and other property and equipment found or used in connection therewith are hereby declared to be a public nuisance and in this article such a public nuisance is referred to as a liquor nuisance.

History:

[23-702, added 1939, ch. 222, sec. 1002, p. 465.]
Idaho Code § 23-1023 — Idaho Code / Title 23 / Chapter 10 / Section 23-1023
23-1023 BEER — AUTHORIZATION TO DELIVER.
Status: in_force

23-1023. Beer — Authorization to deliver. The prohibition upon possession of beer by any person under twenty-one (21) years of age does not apply to possession by a person under the age of twenty-one (21) years making a delivery of beer in pursuance of the order of his parent or in pursuance of his employment, or when such person under the age of twenty-one (21) years is in a private residence accompanied by his parent or guardian and with such parent's or guardian's consent.

History:

[23-1023, as added by 1953, ch. 72, sec. 1, p. 94; am. 1967, ch. 351, sec. 1, p. 995; am. 1972, ch. 332, sec. 6, p. 834; am. 1987, ch. 212, sec. 11, p. 452; am. 1997, ch. 68, sec. 1, p. 144; am. 1999, ch. 59, sec. 10, p. 154.]
Idaho Code § 23-611 — Idaho Code / Title 23 / Chapter 6 / Section 23-611
23-611 OFFICERS MAY SEIZE ILLEGAL ALCOHOLIC LIQUOR.
Status: in_force

23-611. Officers may seize illegal alcoholic liquor. The director of the Idaho state police or any of his agents, any sheriff, constable or other peace officer who shall find any liquor, possessed, manufactured, transported, purchased, sold or disposed of by any person in violation of the provisions of this act, or any other laws of the state of Idaho, may forthwith seize and remove the same and keep the same as evidence, and upon conviction of the person, the said liquor and all packages and receptacles containing the same shall be forfeited to the state of Idaho and, in addition, persons so violating this act shall be subject to the other penalties herein prescribed.

History:

[23-611, added 1939, ch. 222, sec. 911, as added by 1947, ch. 178, sec. 2, p. 435; am. 2012, ch. 113, sec. 17, p. 315.]
Idaho Code § 23-934B — Idaho Code / Title 23 / Chapter 9 / Section 23-934B
23-934B FILING OF APPLICATION — APPROVAL.
Status: in_force

23-934B. Filing of application — Approval. Upon the filing of an application for an alcohol beverage catering permit, the city council or its designee, or county commissioners or their designee receiving the application shall, upon the advice and recommendation of the chief of police and chief of fire or sheriff, approve or disapprove the application and indicate the determination on the face of the application by endorsement signed by the clerk of the city or county. The chief of police and chief of fire are, or the sheriff is, authorized to endorse an application for an alcohol beverage catering permit with sufficient conditions to ensure public safety. Copies of the application with signed endorsements thereon shall be mailed, delivered by electronic mail or delivered immediately to the chief of police or sheriff, the director and the applicant, and a signed copy retained by the clerk. An application approved in this manner shall constitute an alcohol beverage catering permit.

History:

[23-934B, added 1965, ch. 211, sec. 2, p. 484; am. 1970, ch. 258, sec. 2, p. 690; am. 1974, ch. 27, sec. 35, p. 811; am. 1987, ch. 58, sec. 2, p. 104; am. 1992, ch. 57, sec. 2, p. 168; am. 1999, ch. 58, sec. 3, p. 149; am. 2016, ch. 268, sec. 3, p. 723.]
Idaho Code § 23-1325C — Idaho Code / Title 23 / Chapter 13 / Section 23-1325C
23-1325C WINE SAMPLE TASTING REQUIREMENTS AND LIMITATIONS FOR EVENTS ON RETAIL WINE LICENSE PREMISES.
Status: in_force

23-1325C. Wine sample tasting requirements and limitations for events on retail wine license premises. (1) Vintners, wineries and distributors may conduct or assist a retail wine licensee at a wine sample tasting on premises not licensed for the sale of wine by the individual glass or opened bottle for consumption on the premises or on the premises of the holder of a wine by the drink license for the purpose of promoting their wine products to the public. The holder of a retail wine license or a wine by the drink license may also conduct wine sample tasting events, with or without the assistance of a vintner, winery or distributor in accordance with this section.

(2) A retail wine licensee shall not be required to hold a wine by the drink license for the purpose of conducting or permitting wine 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 wine 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 wine shall not exceed one and one-half (1 1/2) ounces.

(b) Identified tasting area. The retail wine licensee who conducts tastings or who allows a vintner, winery or distributor to conduct tastings on the retail wine premises shall identify a specific tasting area or areas. Such area or areas shall be of a size and design such that the retail wine 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 vintner, winery or distributor 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 vintner, winery or distributor, the retailer shall not permit a vintner, winery 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) Vintner, winery or distributor conducted tastings. A vintner, winery 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 vintner, winery 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 wine at wine tastings on premises for which a wine by the drink license has not been issued must be at least twenty-one (21) years of age.

(4) Vintner, winery or distributor conducted sample tastings. A vintner, winery or distributor may conduct wine sample tastings on premises licensed for the sale of wine for products produced or sold by the vintner, winery or distributor. The vintner, winery or distributor conducting the wine 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 wine. The server must be an employee or agent of the vintner, winery or distributor and shall not be an employee or agent of a retailer. The vintner, winery or distributor shall not compensate any employee or agent of the retail licensee to participate in the tasting.

(c) The vintner, winery 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 wine sample tastings. Retail wine licensees and wine by the drink licensees may conduct wine sample tastings on their licensed premises and may:

(a) Accept assistance from a vintner, winery 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 wine; and

(iii) The retailer is responsible for any advertising.

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

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

History:

[23-1325C, added 2004, ch. 267, sec. 1, p. 749.]
Idaho Code § 23-608 — Idaho Code / Title 23 / Chapter 6 / Section 23-608
23-608 ADDED PENALTY — FORFEITURE OF LICENSE OR PERMIT — TRANSMISSION OF RECORD.
Status: in_force

23-608. Added penalty — Forfeiture of license or permit — Transmission of record. Whenever, in any court in this state, a defendant is convicted of a violation of title 23, Idaho Code, or of any law of this state relating to alcohol beverages including distilled spirits, beer or wine, or in any case in which it appears that the crime was committed while the defendant was under the influence of alcohol beverages, it shall be the duty of the court to include in its judgment the forfeiture of any license or permit issued to the defendant by the division or the Idaho state police pursuant to title 23, Idaho Code, and the court shall forthwith transmit to the issuing authority a certified copy of its judgment.

History:

[23-608, added 1939, ch. 222, sec. 908, p. 465; am. 1999, ch. 59, sec. 6, p. 152; am. 2000, ch. 469, sec. 57, p. 1508; am. 2009, ch. 23, sec. 50, p. 66.]
Idaho Code § 23-1053 — Idaho Code / Title 23 / Chapter 10 / Section 23-1053
23-1053 AUDITS OF RECORDS OF LICENSEE.
Status: in_force

23-1053. Audits of records of licensee. For the purpose of ascertaining compliance with the provisions of section 23-1047 the state tax commission may, as often as it deems advisable, examine the accounts, records, documents and transactions, pertaining to or affecting the beer business of any person holding a license or certificate or approval issued by this state under the provisions of this act. When examination involving any brewer or foreign distributor holding a certificate of approval issued by this state shall require an examiner to travel outside this state, the actual and necessary expenses of travel and subsistence necessarily incurred on account of the examination shall be paid by the holder of such certificate of approval upon presentation of an itemized statement certified by the examiner and approved by the state tax commission.

History:

[I.C., sec. 23-1053, as added by 1961, ch. 259, sec. 1, p. 430.]
Idaho Code § 23-905 — Idaho Code / Title 23 / Chapter 9 / Section 23-905
23-905 APPLICATION FOR LICENSES — PENALTY FOR FALSE STATEMENTS.
Status: in_force

23-905. Application for licenses — Penalty for false statements. Prior to the issuance of a license as herein provided, the applicant shall file with the director an application, in writing, signed by the applicant and containing such information and statements relative to the applicant and the premises where the liquor is to be sold as may be required by the director. The application shall be verified by the affidavit of the person making the same before a person authorized to administer oaths and shall be accompanied with the license fee herein required.

In addition to setting forth the qualifications required by other provisions of this act, the application must show:

(1) A detailed description of the premises for which a license is sought and its location.

(2) A detailed statement of the assets and liabilities of the applicant.

(3) The names and addresses of all persons who will have any financial interest in any business to be carried on in and upon the licensed premises, whether such interest results from open loans, mortgages, conditional sales contracts, silent partnerships, trusts or any other basis than open trade accounts incurred in the ordinary course of business, and the amounts of such interests.

(4) The name and address of the applicant, which shall include all members of a partnership or association and the officers, members of the governing board and ten (10) principal stockholders of a corporation.

(5) A copy of the articles of incorporation and bylaws of any corporation, the articles of association and the bylaws of any association, or the articles of partnership of any partnership.

(6) If during the period of any license issued hereunder any change shall take place in any of the requirements of subparagraph (3), (4), or (5) of this section, the licensee shall forthwith make a written report of such change to the director.

(7) If during the period of any license issued hereunder the licensee seeks to move his business from one premise to another in the same city, he may do so subject to the director's approval that the new premise is suitable for the carrying on of the business.

If any false statement is made in any part of said application, or any subsequent report, the applicant, or applicants, shall be deemed guilty of a felony and upon conviction thereof shall be imprisoned in the state prison for not less than one (1) year nor more than five (5) years and fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or both such fine and imprisonment.

History:

[23-905, added 1947, ch. 274, sec. 5, p. 870; am. 1974, ch. 27, sec. 21, p. 811; am. 1980, ch. 313, sec. 1, p. 803; am. 1991, ch. 137, sec. 3, p. 321; am. 1994, ch. 14, sec. 3, p. 22.]
Idaho Code § 23-946 — Idaho Code / Title 23 / Chapter 9 / Section 23-946
23-946 STATEMENT MADE BY LICENSEES OF PREMISES OPERATED AS RESTAURANTS — INDORSEMENT UPON LICENSE.
Status: in_force

23-946. Statement made by licensees of premises operated as restaurants — Indorsement upon license. (a) Every applicant for a state license for the sale of liquor by the drink or for the sale of beer for consumption on the premises claiming that the premises for which such license is sought constitute and are operated as a restaurant, as herein defined, shall, on each application for state license and on each application for renewal of license, state that such premises constitute and are operated as such restaurant. Upon issuance of state license for the sale of liquor by the drink or for the sale of beer for consumption on the premises, for premises constituting and operated as a restaurant, the licensee of which has made the proper statement on the application, the director shall indorse on the face of the license the fact that it has been issued to a restaurant as herein defined. Unless such statement shall have been filed with the director and his said indorsement shall appear on the face of the license, the restrictions contained in section 23-943, Idaho Code, shall apply, notwithstanding that such premises may in fact constitute and be operated as a restaurant, and the posting of signs as provided for in section 23-945, Idaho Code, shall be required. The filing of any false statement on the application as herein required shall be grounds for suspension or revocation of license. If premises, licensed as a restaurant under this act, subsequently ceases to meet the qualifications of a restaurant, as defined in section 23-942, Idaho Code, the restrictions contained in section 23-943, Idaho Code, shall apply and the posting of signs as provided for in section 23-945, Idaho Code, shall be required. In such event the licensee shall advise the director, by mail, that his premises no longer constitute a restaurant, so that the license may be modified accordingly.

(b) The powers of the director to make, promulgate and publish rules and regulations as set forth in section 23-932, Idaho Code, shall apply to sections 23-941 to 23-946, Idaho Code.

History:

[23-946, added 1955, ch. 195, sec. 5, p. 420; am. 1957, ch. 45, sec. 1, p. 80; am. 1974, ch. 27, sec. 40, p. 811; am. 1991, ch. 137, sec. 8, p. 324.]
Idaho Code § 23-915 — Idaho Code / Title 23 / Chapter 9 / Section 23-915
23-915 OFFICERS MAY SEIZE ILLEGAL LIQUOR.
Status: in_force

23-915. Officers may seize illegal liquor. The director, or any of his agents, any sheriff, constable, or other police officer who shall find any liquor kept or held by any person in violation of the provisions of this act may forthwith seize and remove the same and keep the same as evidence and upon conviction of the person for violation of the provisions hereof, the said liquor, and all packages or receptacles containing the same, shall be forfeited to the state of Idaho and in addition the person so violating this act shall be subject to the other penalties herein prescribed.

History:

[23-915, added 1947, ch. 274, sec. 15, p. 870; am. 1974, ch. 27, sec. 25, p. 811.]
Idaho Code § 23-1045 — Idaho Code / Title 23 / Chapter 10 / Section 23-1045
23-1045 APPEALS.
Status: in_force

23-1045. Appeals. An appeal from the judgment of any district court on proceedings to contest a determination may be taken by either party to such proceedings to the Supreme Court of this state, in the same manner as in other civil actions. If the judgment of the district court shall affirm the determination of any licensing authority revoking or suspending license or refusing grant of renewal of license, further stay of the effective date of revocation or suspension or further continuance of temporary license pending appeal may be allowed if, in the discretion of the court and upon application therefor, order for such further stay or continuance shall be entered by the court.

History:

[I.C., sec. 23-1045, as added by 1961, ch. 299, sec. 7, p. 543.]
Idaho Code § 23-1012 — Idaho Code / Title 23 / Chapter 10 / Section 23-1012
23-1012 HOURS OF SALE.
Status: in_force

23-1012. Hours of sale. (1) It shall be unlawful and a misdemeanor for any person in any place licensed to sell beer or where beer is sold or dispensed to be consumed on the premises, whether conducted for pleasure or profit, to sell, dispense or give away beer between the hours of one (1) o'clock A.M. and six (6) o'clock A.M.

(2) Any patron present on the licensed premises after the sale of beer has stopped as provided in subsections (1) and (4) herein shall have a reasonable time, not to exceed thirty (30) minutes, to consume any beverage already served.

(3) Any person who consumes or intentionally permits the consumption of any alcoholic beverage upon the licensed premises after the time provided for in subsection (2) shall be guilty of a misdemeanor.

(4) A county or city may, however, extend, until two (2) o'clock A.M., the hours of the sale of beer.

History:

[23-1012, added 1943, ch. 167, sec. 5, p. 349; am. 1978, ch. 39, sec. 1, p. 68; am. 1987, ch. 110, sec. 2, p. 223; am. 1987, ch. 351, sec. 1, p. 780; am. 2003, ch. 284, sec. 2, p. 770.]
Idaho Code § 23-902 — Idaho Code / Title 23 / Chapter 9 / Section 23-902
23-902 DEFINITIONS.
Status: in_force

23-902. Definitions. The following words and phrases used in this chapter shall be given the following interpretation:

(1) "Club" includes any of the following organizations where the sale of spirituous liquor for consumption on the premises is made to members and to bona fide guests of members only:

(a) A post, chapter, camp or other local unit composed solely of veterans and their duly recognized auxiliary, and which is a post, chapter, camp or other local unit composed solely of veterans which has been chartered by the congress of the United States for patriotic, fraternal or benevolent purposes, and which has, as the owner, lessee or occupant, operated an establishment for that purpose in this state; or

(b) A chapter, aerie, parlor, lodge or other local unit of an American national fraternal organization, which has, as the owner, lessee or occupant, operated an establishment for fraternal purposes in this state and actively operates in not less than thirty-six (36) states or has been in continuous existence for not less than twenty (20) years; and which has no fewer than fifty (50) bona fide members in each unit, and which owns, maintains or operates club quarters, and is authorized and incorporated to operate as a nonprofit club under the laws of this state, and which has recognized tax exempt status under section 501(c)(8) or 501(c)(10) of the Internal Revenue Code, and has been continuously incorporated and operating for a period of not less than one (1) year. The club shall have had, during that period of one (1) year, a bona fide membership with regular meetings conducted at least once each month, and the membership shall be and shall have been actively engaged in carrying out the objects of the club. The club membership shall consist of bona fide dues-paying members, recorded by the secretary of the club, paying at least six dollars ($6.00) per year in dues, payable monthly, quarterly or annually; and the members at the time of application for a club license shall be in good standing, having paid dues for at least one (1) full year.

(2) "Convention" means a formal meeting of members, representatives, or delegates, as of a political party, fraternal society, profession or industry.

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

(4) "Festival" means a period or program of festive activities, cultural events or entertainment lasting three (3) or more consecutive days.

(5) "Gaming" means any and all gambling or games of chance defined in chapters 38 and 49, title 18, Idaho Code, or any section or sections thereof, whether those games are licensed or unlicensed.

(6) "Interdicted person" means a person to whom the sale of liquor is prohibited under law.

(7) "License" means a license issued by the director to a qualified person, under which it shall be lawful for the licensee to sell and dispense liquor by the drink at retail, as provided by law.

(8) "Licensee" means the person to whom a license is issued under the provisions of law.

(9) "Liquor" means all kinds of liquor sold by and in a state liquor store of the state of Idaho.

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

(11) "Municipal license" means a license issued by a municipality of the state of Idaho under the provisions of law.

(12) "Party" means a social gathering especially for pleasure or amusement and includes, but is not limited to, such social events as weddings, birthdays, and special holiday celebrations to include, but not be limited to, New Year's celebrations, Super Bowl Sunday, St. Patrick's Day, the Fourth of July and Labor Day.

(13) "Person" means any individual, corporation, business corporation, nonprofit corporation, benefit corporation as defined in section 30-2002(1), Idaho Code, partnership, limited partnership, limited liability company, general cooperative association, limited cooperative association, estate, unincorporated nonprofit association, statutory trust, business trust, common-law business trust, estate trust, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, any entity defined in section 30-21-102, Idaho Code, or any other commercial entity, whether conducting the business singularly or collectively.

(14) "Plaza" means a public square, marketplace, or similar open space in a city or town.

(15) "Premises" means the building and contiguous property owned or leased or used under a government permit by a licensee, as part of the business establishment in the business of sale of liquor by the drink 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 liquor by the drink at retail is authorized under the provisions of law.

(16) "Rules" means rules promulgated by the director in accordance with the provisions of law.

(17) "State liquor store" means a liquor store or distributor established under and pursuant to the laws of the state of Idaho for the package sale of liquor at retail.

(18) "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.

(19) "Brewery" means a place, premises or establishment for the manufacture, bottling or canning of beer.

(20) "Winery" means a place, premises or establishment within the state of Idaho for the manufacture or bottling of table wine or dessert wine for sale. Two (2) or more wineries may use the same premises and the same equipment to manufacture their respective wines, to the extent permitted by federal law.

(21) 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:

[23-902, added 1947, ch. 274, sec. 2, p. 870; am. 1949, ch. 276, sec. 1, p. 565; am. 1974, ch. 27, sec. 17, p. 811; am. 1978, ch. 44, sec. 1, p. 78; am. 1983, ch. 203, sec. 1, p. 552; am. 1986, ch. 36, sec. 1, p. 118; am. 1999, ch. 58, sec. 1, p. 146; am. 2000, ch. 469, sec. 62, p. 1511; am. 2003, ch. 111, sec. 1, p. 349; am. 2016, ch. 153, sec. 1, p. 422; am. 2016, ch. 268, sec. 1, p. 721; am. 2016, ch. 357, sec. 1, p. 1048; am. 2017, ch. 58, sec. 11, p. 106; am. 2019, ch. 83, sec. 1, p. 198.]
Idaho Code § 23-937 — Idaho Code / Title 23 / Chapter 9 / Section 23-937
23-937 VIOLATION A MORAL NUISANCE.
Status: in_force

23-937. Violation a moral nuisance. Any violation of the provisions of this act or any rule or regulation of the director promulgated hereunder shall constitute a moral nuisance under the provisions of section 52-204, Idaho Code.

History:

[23-937, added 1947, ch. 274, sec. 34, p. 870; am. 1974, ch. 27, sec. 37, p. 811.]
Idaho Code § 23-703 — Idaho Code / Title 23 / Chapter 7 / Section 23-703
23-703 MAINTENANCE A MISDEMEANOR.
Status: in_force

23-703. Maintenance a misdemeanor. Any person who conducts or maintains a liquor nuisance is guilty of a misdemeanor.

History:

[23-703, added 1939, ch. 222, sec. 1003, p. 465.]
Idaho Code § 23-930 — Idaho Code / Title 23 / Chapter 9 / Section 23-930
23-930 OFFICERS MAY EXAMINE PREMISES.
Status: in_force

23-930. Officers may examine premises. The director or his duly authorized representative, the sheriff of any county, a constable, or other police officer, shall have the right at any time to make an examination of the premises of any licensee as to whether the laws of the state of Idaho, the rules and regulations of the director, and the ordinances of any city are being complied with and shall also have the right to inspect the cars of any railroad system licensed under this act.

History:

[23-930, added 1947, ch. 274, sec. 28, p. 870; am. 1974, ch. 27, sec. 30, p. 811.]
Idaho Code § 23-502 — Idaho Code / Title 23 / Chapter 5 / Section 23-502
23-502 SACRAMENTAL WINE.
Status: in_force

23-502. Sacramental wine. A minister, priest, rabbi, or religious organization shall have the privilege of purchasing wine for sacramental purposes from the division or from any other source within or without the state.

History:

[23-502, added 1939, ch. 222, sec. 802, p. 465; am. 2009, ch. 23, sec. 36, p. 63.]
Idaho Code § 23-802 — Idaho Code / Title 23 / Chapter 8 / Section 23-802
23-802 SUPERVISORY DUTY OF ATTORNEY GENERAL.
Status: in_force

23-802. Supervisory duty of attorney general. If any prosecuting attorney, sheriff or local peace officer is guilty of nonfeasance, misfeasance or malfeasance in respect to his duties under this act, the attorney general of the state shall proceed against said offender in ouster or removal proceedings under chapter 41 of title 19, or as may be otherwise provided by law.

History:

[23-802, added 1939, ch. 222, sec. 1102, p. 465.]
Idaho Code § 23-1011B — Idaho Code / Title 23 / Chapter 10 / Section 23-1011B
23-1011B BARS OR TAVERNS NOT ALLOWED NEAR CHURCHES OR SCHOOLS — EXCEPTIONS.
Status: in_force

23-1011B. Bars or taverns not allowed near churches or schools — Exceptions. No license shall be issued for any place where beer is sold or dispensed to be consumed on the premises, whether conducted for pleasure or profit, that is within three hundred (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 came therein.

History:

[23-1011B, added 1978, ch. 349, sec. 1, p. 913.]
Idaho Code § 23-1306 — Idaho Code / Title 23 / Chapter 13 / Section 23-1306
23-1306 LICENSES REQUIRED — APPLICATION — ISSUANCE OR REFUSAL.
Status: in_force

23-1306. Licenses required — Application — Issuance or refusal. (1) Before any person shall manufacture, import into this state, bottle or broker for resale within this state, possess for resale, store and handle wine as a bonded wine warehouse, or distribute or sell wine within the state of Idaho, he shall apply to the director for a license. The application form shall be prescribed and furnished by the director and require that the applicant therein show that he possesses all of the qualifications and none of the disqualifications of a licensee. A person may apply for and receive a license as both a distributor and importer, if otherwise qualified therefor, and shall pay the license fee required pursuant to this chapter for each license. A winery licensed under this chapter shall also be considered as holding, for the purposes of selling a product processed and bottled by or for that winery, a current retail wine license and wine by the drink license for the licensed premises and for use at functions and events identified in section 23-1338, Idaho Code, and a current wine distributor's and importer's license, without further application or fee. If the director is satisfied that the applicant possesses the qualifications and none of the disqualifications for such license, he shall issue a license for each classification applied for, subject to the restrictions of and upon the conditions specified in this chapter. The license or licenses issued shall be at all times prominently displayed in the place of business of the licensee. If the director determines that the applicant is not properly qualified, he shall refuse to issue a license and shall forthwith so notify the applicant and shall return to the applicant with such notification, three-fourths (3/4) of the license fee remitted with the application. A separate retail wine by the drink license, and wine distributor's license shall be required for each premises. Provided, however, nothing herein shall prohibit a distributor or retailer or wine by the drink licensee from possessing licenses for more than one (1) premises.

(2) A bonded wine warehouse licensed under this chapter shall solely be authorized to store and handle wine produced by vintners and wineries. A license applicant shall hold a federal permit for a bonded wine cellar and may be required to post a continuing wine tax bond of such an amount and in such a form as may be required prior to the issuance of a bonded wine warehouse license. All wine shipped to and from a bonded wine warehouse shall remain under bond and no tax imposed shall be due, unless the wine is removed from bond and delivered to a licensed distributor.

History:

[23-1306, added 1971, ch. 156, sec. 6, p. 760; am. 1973, ch. 144, sec. 2, p. 281; am. 1974, ch. 27, sec. 64, p. 811; am. 1984, ch. 221, sec. 2, p. 532; am. 1987, ch. 169, sec. 3, p. 331; am. 1993, ch. 333, sec. 1, p. 1232; am. 1994, ch. 244, sec. 1, p. 763; am. 2007, ch. 289, sec. 1, p. 821; am. 2020, ch. 10, sec. 2, p. 14.]
Idaho Code § 23-1043 — Idaho Code / Title 23 / Chapter 10 / Section 23-1043
23-1043 NOTICE OF REVOCATION OR SUSPENSION TO OTHER LICENSING AUTHORITIES.
Status: in_force

23-1043. Notice of revocation or suspension to other licensing authorities. When revocation or suspension of any licensed retailer's license shall become effective by reason of the determination made by any licensing authority as in this act provided for, or by reason of the judgment of any district court on proceedings to contest any such determination, the licensing authority which made such determination shall forthwith give notice thereof in writing to the other licensing authorities from whom license was obtained by the licensee involved.

History:

[I.C., sec. 23-1043, as added by 1961, ch. 299, sec. 7, p. 543.]
Idaho Code § 23-1031 — Idaho Code / Title 23 / Chapter 10 / Section 23-1031
23-1031 EXTENSION OF CREDIT.
Status: in_force

23-1031. Extension of credit. (1) No sale or delivery of beer shall be made to any licensed retailer, except for cash paid at the time of or prior to delivery thereof, or except as provided by electronic funds transfer in accordance with subsection (3) of this section, and in no event shall any brewer, wholesaler or dealer licensed in the state and engaged in the sale of beer for resale extend any credit on account of such beer to a licensed retailer, nor shall any licensed retailer accept or receive delivery of such beer except when payment therefor is made in cash at the time of or prior to delivery thereof, or by electronic funds transfer in accordance with subsection (3) of this section.

(2) The acceptance of a first party check from a licensed retailer by a brewer, wholesaler or dealer licensed in the state and engaged in the sale of beer for resale, or the use of a debit card by a licensed retailer, shall not be deemed an extension or acceptance of credit pursuant to this section.

(3) The acceptance and use of an electronic funds transfer shall not be deemed an extension or acceptance of credit pursuant to this section, provided such transfer is initiated and completed promptly and in no event completed later than five (5) business days following delivery of such beer. Any attempt by a licensed retailer to delay payment of an electronic funds transfer pursuant to this section for any period of time beyond the time set forth in this subsection, shall be deemed an acceptance of credit by the licensed retailer.

(4) Any extension or acceptance of credit in violation hereof shall constitute the giving and receiving of aid or assistance to or by a licensed retailer prohibited by the provisions of section 23-1033, Idaho Code.

History:

[23-1031, added 1961, ch. 299, sec. 5, p. 543; am. 1965, ch. 176, sec. 1, p. 362; am. 1999, ch. 206, sec. 2, p. 553; am. 2011, ch. 255, sec. 1, p. 699; am. 2013, ch. 288, sec. 1, p. 760.]
Idaho Code § 23-602 — Idaho Code / Title 23 / Chapter 6 / Section 23-602
23-602 UNLAWFUL MANUFACTURE, TRAFFIC IN, TRANSPORTATION, AND POSSESSION OF ALCOHOL BEVERAGE.
Status: in_force

23-602. Unlawful manufacture, traffic in, transportation, and possession of alcohol beverage. Except as authorized by title 23, Idaho Code, any person who shall have in possession, manufacture, transport, purchase, sell, or dispose of any alcohol beverage, including any distilled spirits, beer or wine, shall be guilty of a misdemeanor, and upon conviction shall be punished as otherwise provided by law. Upon conviction 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 less than three (3) months, nor more than one (1) year, or by both such fine and imprisonment.

History:

[23-602, added 1939, ch. 222, sec. 902, p. 465; am. 1999, ch. 59, sec. 2, p. 151.]
Idaho Code § 23-101 — Idaho Code / Title 23 / Chapter 1 / Section 23-101
23-101 SHORT TITLE.
Status: in_force

23-101. Short title. This act may be cited as the "Idaho Liquor Act."

History:

[23-101, added 1939, ch. 222, sec. 101, p. 465.]
Idaho Code § 23-1331 — Idaho Code / Title 23 / Chapter 13 / Section 23-1331
23-1331 SUSPENSION, REVOCATION, AND REFUSAL TO RENEW LICENSES AND PERMITS — MONETARY PENALTY.
Status: in_force

23-1331. Suspension, revocation, and refusal to renew licenses and permits — Monetary penalty. (1) The director may suspend, revoke, or refuse to renew a retail wine license, wine by the drink license, wine distributor's license, wine importer's license, winery license, bonded wine warehouse license, wine direct shipper's permit or vintner's license issued pursuant to the terms of this chapter for any violation of or failure to comply with the provisions of this chapter or rules and regulations promulgated by the director or the state tax commission pursuant to the terms and conditions of this chapter. Manufacturing or bottling functions of a winery shall not be subject to suspension, revocation or nonrenewal of a license, except for violations of law directly related to the manufacturing or bottling activities of the winery. Procedures for the suspension, revocation or refusal to grant or renew licenses issued under this chapter shall be in accordance with the provisions of chapter 52, title 67, Idaho Code.

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

[23-1331, added 1971, ch. 156, sec. 31, p. 760; am. 1973, ch. 144, sec. 8, p. 281; am. 1974, ch. 27, sec. 74, p. 811; am. 1979, ch. 145, sec. 3, p. 445; am. 1980, ch. 221, sec. 1, p. 493; am. 1981, ch. 199, sec. 3, p. 352; am. 1984, ch. 221, sec. 13, p. 538; am. 1991, ch. 50, sec. 3, p. 93; am. 1993, ch. 347, sec. 3, p. 1292; am. 2014, ch. 122, sec. 1, p. 352; am. 2017, ch. 31, sec. 1, p. 52; am. 2020, ch. 10, sec. 8, p. 16.]
Idaho Code § 23-401 — Idaho Code / Title 23 / Chapter 4 / Section 23-401
23-401 LIQUOR ACCOUNT CREATED.
Status: in_force

23-401. Liquor account created. The state treasurer shall be custodian of an account in the agency asset fund, which is hereby created, to be known as the "liquor account," into which shall be paid all revenues derived from sales of alcoholic beverages and other merchandise, excise taxes, licenses, permits, fees, profits on sales, sales of equipment and supplies, and all other moneys accruing or received under any of the provisions of this act. All moneys, properties, buildings, plants, apparatus, real estate, securities acquired by or through the moneys belonging to the liquor account, including interest earned thereon, shall be the property of the liquor account.

History:

[23-401, added 1939, ch. 222, sec. 701, p. 465; am. 1982, ch. 255, sec. 2, p. 655; am. 2006, ch. 18, sec. 4, p. 70.]
Idaho Code § 23-801 — Idaho Code / Title 23 / Chapter 8 / Section 23-801
23-801 PRIMARY DUTY OF ENFORCEMENT.
Status: in_force

23-801. Primary duty of enforcement. The penal provisions of this act shall be deemed to be an integral part of the penal code of this state and the sheriffs of the several counties and local peace officers are charged with the primary duty of enforcing such provisions; and the prosecuting attorneys of the several counties are charged with the primary duty of prosecuting violators thereof in penal actions and abatement proceedings.

History:

[23-801, added 1939, ch. 222, sec. 1101, p. 465.]
Idaho Code § 23-1336 — Idaho Code / Title 23 / Chapter 13 / Section 23-1336
23-1336 WINE SOLD OR DONATED TO PERSONS OR ASSOCIATIONS FOR BENEVOLENT, CHARITABLE OR PUBLIC PURPOSES.
Status: in_force

23-1336. Wine sold or donated to persons or associations for benevolent, charitable or public purposes. In the event that wine has been sold or donated to a person or association which desires to dispense or sell such wine and to donate the proceeds from the sale or dispensing thereof for benevolent, charitable or public purposes, the director may issue a permit authorizing such sale or dispensing of wine by such person or association if the director is satisfied that said proceeds, after deducting reasonable expenses incurred in conjunction with the sale or dispensing thereof, will be donated for such benevolent, charitable or public purpose. The director shall prescribe the form of the application for such permit, which application may require disclosure of names of sponsors; donors, quantities and types of wine products donated; the retailer, if any, designated by such person or association to receive, store or dispense donated wine; the dates and hours during which the permit is to be effective, not to exceed three (3) consecutive days; and such other information as the director may require. The director shall collect a twenty dollar ($20.00) fee for the event for which the permit is to be effective. The director may require that the applicant submit a report to the director after the benevolent, charitable or public purpose event showing the disposition of funds from the event. Should the director determine that the applicant or its representatives is violating, or has in the past violated, any law pertaining to the dispensing or sale of wine by a licensed retailer relating to hours of sale, or relating to dispensing wine to underaged persons, or has failed in the past to submit such information as may have been requested by the director, such permit may be summarily suspended by the director, prior to hearing, or may be denied pending a hearing. A licensed retailer may, on behalf of the permittee, receive or store wine to be used at the event, and may dispense such wine to attendees of the benevolent, charitable or public purpose event for which the permit has been issued.

History:

[23-1336, added 1991, ch. 162, sec. 2, p. 390; am. 1994, ch. 14, sec. 2, p. 21.]
Idaho Code § 23-908 — Idaho Code / Title 23 / Chapter 9 / Section 23-908
23-908 FORM OF LICENSE — AUTHORITY — EXPIRATION — LIMITATIONS.
Status: in_force

23-908. Form of license — Authority — Expiration — Limitations. (1) Every license issued under the provisions of this chapter shall set forth the name of the person to whom issued, the location by street and number, or other definite designation, of the premises, and such other information as the director shall deem necessary. If issued to a partnership, the names of the persons constituting such partnership shall be set forth in the application. If issued to a corporation or association, the names of the principal officers and the governing board shall be set forth in the application. Such license shall be signed by the licensee and prominently displayed in the place of business at all times. Every license issued under the provisions of this chapter is separate and distinct and no person except the licensee therein named except as herein otherwise provided, shall exercise any of the privileges granted thereunder. All licenses 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 liquor by the drink 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 his 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 and dispense liquor by the drink at retail during the thirty-one (31) day extended time period unless and until the license is renewed. In any city of less than sixteen thousand (16,000) population, as established in the last preceding census or any subsequent special census conducted by the United States bureau of the census, no person shall be granted more than one (1) license in any city for any one (1) year; and no partnership, association or corporation in such city of less than sixteen thousand (16,000) population holding a license under the provisions of this chapter shall have as a member, officer or stockholder any person who has any financial interest of any kind in, or is a member of, another partnership or association or an officer of another corporation holding a license in the same city for the same year; provided that this section shall not prevent any person, firm or corporation, owning two (2) or more buildings on connected property in a city from making application for and receiving licenses permitting the sale of liquor by the drink in such building.

(2) An application to transfer any license issued pursuant to chapter 9, title 23, Idaho Code, shall be made to the director. Upon receipt of such an application, the director shall make the same investigation and determinations with respect to the transferee as are required by section 23-907, Idaho Code, and if the director shall determine that all of the conditions required of a licensee under chapter 9, title 23, Idaho Code, have been met by the proposed transferee, then the license shall be indorsed over to the proposed transferee by said licensee for the remainder of the period for which such license has been issued and the director shall issue a license to the transferee.

(3) The director, in his discretion, may deny the transfer of a license during the pendancy of any proceedings for suspension or revocation which were instituted pursuant to the terms of this chapter.

(4) Each new license issued on or after July 1, 1980, shall be placed into actual use by the original licensee at the time of issuance and remain in use for at least six (6) consecutive months or be forfeited to the state and be eligible for issue to another person by the director after compliance with the provisions of section 23-907, Idaho Code. Such license shall not be transferable for a period of two (2) years from the date of original issuance, except as provided by subsection (5)(a), (b), (c), (d) or (e) of this section.

(5) The fee for transferring a liquor license shall be ten percent (10%) of the purchase price of the liquor license or the cost of good will, whichever is greater; except no fee shall be collected in the following events:

(a) The transfer of a license between husband and wife in the event of a property division; or

(b) The transfer of a license to a receiver, trustee in bankruptcy or similar person or officer; or

(c) The transfer of a license to the heirs or personal representative of the estate in the event of the death of the licensee; or

(d) The transfer of a license arising out of the dissolution of a partnership where the license is transferred to one (1) or more of the partners; or

(e) The transfer of a license within a family whether an individual, partnership or corporation.

(6) The fee for transferring a liquor license for other than a sale shall be fifty percent (50%) of the per annum license fee set forth in section 23-904, Idaho Code; except no fee shall be collected for transfers as outlined in subsection (5)(a), (b), (c), (d) or (e) of this section.

History:

[23-908, added 1947, ch. 274, sec. 8, p. 870; am. 1949, ch. 276, sec. 2, p. 565; am. 1959, ch. 118, sec. 3, p. 254; am. 1967, ch. 143, sec. 2, p. 326; am. 1974, ch. 27, sec. 24, p. 811; am. 1977, ch. 143, sec. 1, p. 316; am. 1978, ch. 353, sec. 1, p. 936; am. 1980, ch. 313, sec. 2, p. 804; am. 1981, ch. 75, sec. 1, p. 107; am. 1991, ch. 28, sec. 1, p. 55; am. 1991, ch. 283, sec. 1, p. 729; am. 2001, ch. 30, sec. 1, p. 43.]
Idaho Code § 23-931 — Idaho Code / Title 23 / Chapter 9 / Section 23-931
23-931 ADVERTISING PROHIBITED.
Status: in_force

23-931. Advertising prohibited. It shall be unlawful for any licensee to adopt or use any name, sign or advertisement outside of the licensed premises advertising the handling or sale of liquor.

History:

[23-931, added 1947, ch. 274, sec. 29, p. 870.]
Idaho Code § 23-1309 — Idaho Code / Title 23 / Chapter 13 / Section 23-1309
23-1309 RESTRICTIONS ON IMPORTATION AND DISTRIBUTION.
Status: in_force

23-1309. Restrictions on importation and distribution. No importer shall import wine into the state of Idaho for resale within the state to a destination other than the warehouse of a distributor within the state of Idaho. No distributor shall sell or distribute wine in this state except from stocks of wine which have been unloaded, stored and maintained in a warehouse or warehouses located within the state of Idaho and owned or used by such distributor in the conduct of his business as such. All records which a distributor is by law or rule required to maintain, shall be kept at his warehouse, or if such distributor shall have more than one (1) warehouse, then in the warehouse of such distributor 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 distributor by the state of Idaho.

History:

[23-1309, added 1971, ch. 156, sec. 9, p. 760; am. 1996, ch. 329, sec. 2, p. 1123.]
Idaho Code § 23-907 — Idaho Code / Title 23 / Chapter 9 / Section 23-907
23-907 INVESTIGATION OF APPLICATIONS.
Status: in_force

23-907. Investigation of applications. Upon receipt of an application for a license under this act, accompanied by the necessary license fee, the director, within ninety (90) days thereafter, shall cause to be made a thorough investigation of all matters pertaining thereto. The investigation 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. If the director shall determine that the contents of the application are true, that such applicant is qualified to receive a license, that his premises are suitable for the carrying on of the business, and that the requirements of this act and the rules promulgated by the director are met and complied with, he shall issue such license; otherwise the application shall be denied and the license fee, less the costs and expenses of investigation, returned to the applicant.

In making the investigation required by this section the director shall have the power to investigate and examine the books and records of the licensee and any person having a financial interest in any business to be conducted on the licensed premises, including, but not limited to, their bank accounts, returns filed under the Idaho income tax act, as amended, and any other sources of information deemed desirable by the director and not specifically prohibited by law.

History:

[23-907, added 1947, ch. 274, sec. 7, p. 870; am. 1974, ch. 27, sec. 23, p. 811; am. 2001, ch. 284, sec. 1, p. 1015; am. 2016, ch. 77, sec. 1, p. 254.]
Idaho Code § 23-1048 — Idaho Code / Title 23 / Chapter 10 / Section 23-1048
23-1048 LIABILITY FOR PAYMENT OF TAXES ON BEER.
Status: in_force

23-1048. Liability for payment of taxes on beer. (1) Every sale of beer to a retailer licensed in this state or to a consumer in this state shall constitute a sale of beer for resale or consumption in this state and such wholesaler shall be liable for the payment of taxes thereon. Sales of beer by such wholesaler for the purpose of and resulting in export of such beer from this state for resale outside this state shall be exempt from the taxes on beer imposed by this state.

(2) Every sale of beer by a wholesaler licensed in this state shall constitute a sale of beer for resale or consumption in this state, whether said sale is made within or without this state, and such wholesaler shall be liable for the payment of taxes thereon, except as provided in subsection (1) hereof.

History:

[I.C., sec. 23-1048, as added by 1961, ch. 259, sec. 1, p. 430; am. 1974, ch. 27, sec. 60, p. 811; am. 1980, ch. 239, sec. 2, p. 556.]
Idaho Code § 23-1006 — Idaho Code / Title 23 / Chapter 10 / Section 23-1006
23-1006 RECORDS AND RETURNS OF LICENSEES — INVESTIGATIONS AND EXAMINATIONS.
Status: in_force

23-1006. Records and returns of licensees — Investigations and examinations. Every licensed dealer, brewer and wholesaler shall have, and notify the director of, a place of business within the state of Idaho where such licensee will and shall keep a record of his or its imports into, and sales of beer within, the state, including the date, quantity, from whom purchased for import, the carrier or other person or means by whom or which transported for import, and the name and address of the vendee, and shall so keep such record of each such sale or import for a period of four (4) years thereafter. Such licensee shall, on or before the 15th day of each month, make a return to the director of the amount of beer sold in, and imported by him into, the state of Idaho for the preceding month, which shall be upon forms furnished by the director. The director may require such additional information to be included in such returns as shall assist him in determining whether or not such licensee is complying with, or violating, this act and whether or not all taxes and license fees provided for by this act are being fully paid. The director shall have the right at any time to make an examination of each dealer's, brewer's and wholesaler's books, records and premises, make an inventory and otherwise check the accuracy of such returns, and investigate for any violation of this act, and file, and retain in his office for not less than two (2) years, a report thereof. An application for, and acceptance of a license by, a dealer, brewer, wholesaler or retailer shall constitute consent to, and be authority for, entry by the director, or his authorized agents, upon any premises related to the licensee's business, or wherein are, or should be, kept, any of the licensee's books, records, supplies or other property related to said business, and to make the inventory, check and investigations aforesaid with relation to said licensee or any other licensee.

History:

[23-1006, added 1935, ch. 132, sec. 3-c, as added by 1943, ch. 167, sec. 2, p. 349; am. 1974, ch. 27, sec. 43, p. 811; am. 1984, ch. 104, sec. 1, p. 242; am. 1999, ch. 129, sec. 1, p. 373; am. 2000, ch. 333, sec. 1, p. 1123.]
Idaho Code § 23-312 — Idaho Code / Title 23 / Chapter 3 / Section 23-312
23-312 PERSONS UNDER TWENTY-ONE AND INTOXICATED PERSONS — INHIBITED SALES.
Status: in_force

23-312. Persons under twenty-one and intoxicated persons — Inhibited sales. No officer, agent, or employee of the division shall sell any alcoholic liquor to a person under the age of twenty-one (21) years or to any person intoxicated or apparently intoxicated.

History:

[23-312, added 1939, ch. 222, sec. 612, p. 465; am. 1972, ch. 330, sec. 1, p. 828; am. 1987, ch. 212, sec. 2, p. 449; am. 2009, ch. 23, sec. 27, p. 60.]
Idaho Code § 23-513 — Idaho Code / Title 23 / Chapter 5 / Section 23-513
23-513 TERM OF PERMITS OR LICENSES.
Status: in_force

23-513. Term of permits or licenses. Every permit or license issued by the division shall expire twelve (12) months from the date issued.

History:

[23-513, added 1939, ch. 222, sec. 813, p. 465; am. 2009, ch. 23, sec. 42, p. 64; am. 2021, ch. 146, sec. 1, p. 398.]
Idaho Code § 23-1032 — Idaho Code / Title 23 / Chapter 10 / Section 23-1032
23-1032 FINANCIAL INTEREST IN DEALER OR WHOLESALER PROHIBITED.
Status: in_force

23-1032. FINANCIAL INTEREST IN DEALER OR WHOLESALER PROHIBITED. (1) It shall be unlawful for any brewer, directly or indirectly, or through an affiliate, subsidiary, officer, director, agent or employee to have any financial interest in any licensed wholesaler's or dealer's business, or to own or control any real property upon which a licensed dealer or wholesaler conducts business, except:

(a) For a brewer licensed within the state of Idaho who produces fewer than thirty thousand (30,000) barrels of beer annually and is duly licensed as a wholesaler as provided in section 23-1003(e), Idaho Code;

(b) If a licensed dealer or wholesaler has been granted distribution rights by a brewer for a brand in a designated territory and is unable to service the designated sales territory for reasons that are not the result of an action by the brewer, or in the event of a termination, cancellation, discontinuance or failure to renew a distribution agreement between a brewer and a licensed dealer or wholesaler for reasons set forth in section 23-1105, Idaho Code, such as insolvency, loss of licensure or fraud and in accordance with the provisions of chapter 11, title 23, Idaho Code, a brewer shall be allowed to appoint a temporary licensed dealer or wholesaler to service the brewer's brands in the designated sales territory and, for a period not to exceed five (5) years, to have any financial interest in the temporary licensed dealer or wholesaler; or

(c) If a licensed dealer or wholesaler is voluntarily selling its distribution rights, a brewer whose brand distribution rights are being transferred may have any financial interest in the purchasing distributor for a period not to exceed five (5) years to assist in financing the purchase.

(2) It shall be unlawful for any licensed wholesaler or dealer, directly or indirectly, or through an affiliate, subsidiary, officer, director, agent or employee to have any financial interest in a licensed brewer's business, or to own or control any real property upon which a licensed brewer conducts business. This section shall not apply to a noncontrolling de minimis interest in stock held in a publicly traded company including mutual funds.

History:

[23-1032, added 2014, ch. 244, sec. 1, p. 613; am. 2024, ch. 279, sec. 3, p. 958.]
Idaho Code § 23-1047 — Idaho Code / Title 23 / Chapter 10 / Section 23-1047
23-1047 PAYMENT OF TAXES ON BEER.
Status: in_force

23-1047. payment of taxes on beer. Each person liable for payment of taxes on beer, as provided for in section 23-1048, Idaho Code, shall, on or before the 15th day of each month, or for such other period as the state tax commission may prescribe by rule, file a written report with the state tax commission showing all sales of beer for resale or consumption in this state made by such person during the calendar month or other period immediately preceding. Taxes payable with respect to such sales shall be paid by the person liable therefor at the time such report is filed.

History:

[I.C., sec. 23-1047, as added by 1961, ch. 259, sec. 1, p. 430; am. 2009, ch. 4, sec. 1, p. 6.]
Idaho Code § 23-504 — Idaho Code / Title 23 / Chapter 5 / Section 23-504
23-504 ALCOHOLIC NONBEVERAGES.
Status: in_force

23-504. Alcoholic nonbeverages. Any person may manufacture or sell patent and proprietary medicines, tinctures, food products, extracts, toilet articles and perfumes, and other like commodities, which are not generally classified or used as beverages, although they contain as one of their ingredients alcoholic liquor.

History:

[23-504, added 1939, ch. 222, sec. 804, p. 465.]
Idaho Code § 23-406 — Idaho Code / Title 23 / Chapter 4 / Section 23-406
23-406 ADMINISTRATIVE EXPENSE.
Status: in_force

23-406. Administrative expense. Claims for salaries, wages, and other compensation, premiums on official bonds, traveling and other expenses of the director and other officers and employees, and all other expenditures made by the division in the exercise of its powers hereunder shall be paid from the liquor fund as a part of the cost of the administration of this act.

History:

[23-406, added 1939, ch. 222, sec. 706, p. 465; am. 1941, ch. 10, sec. 10, p. 20; am. 2009, ch. 23, sec. 32, p. 62; am. 2012, ch. 113, sec. 13, p. 315.]
Idaho Code § 23-701 — Idaho Code / Title 23 / Chapter 7 / Section 23-701
23-701 LIQUOR NUISANCE DEFINED — MAINTAINING.
Status: in_force

23-701. Liquor nuisance defined — Maintaining. The conducting or maintaining of a place or of a vehicle of any sort for the manufacture, storage, transportation, sale, or dispensing of alcoholic liquor, except as in this act authorized, permitted, or licensed, is hereby declared to be a public nuisance and in this article is referred to as a liquor nuisance.

History:

[23-701, added 1939, ch. 222, sec. 1001, p. 465.]
Idaho Code § 23-933A — Idaho Code / Title 23 / Chapter 9 / Section 23-933A
23-933A LICENSES — SUSPENSION OR REVOCATION FOR VIOLATION OF OBSCENITY LAWS.
Status: in_force

23-933A. Licenses — Suspension or revocation for violation of obscenity laws. In the event of a conviction for a violation of chapter 41, title 18, Idaho Code, relating to obscenity, by any:

(1) licensee,

(2) agent of licensee or

(3) employee or licensee if such licensee knew or should have known in the exercise of reasonable diligence that said employee was violating the provisions of chapter 41, title 18, Idaho Code,

and if the violation committed by any of the above occurred on, or in connection with, premises licensed under this act by such licensee, the director shall suspend the license of such licensee for a period of six (6) months. If such licensee, or his agent or employee, has previously been convicted of a violation of chapter 41, title 18, Idaho Code, relating to obscenity, which violation occurred on, or in connection with, the premises licensed under this act by such licensee, the director shall revoke the license of such licensee.

History:

[I.C., sec. 23-933A, as added by 1973, ch. 305, sec. 19, p. 655; am. 1974, ch. 27, sec. 33, p. 811.]
Idaho Code § 23-1325A — Idaho Code / Title 23 / Chapter 13 / Section 23-1325A
23-1325A SERVICES PERMITTED INCIDENT TO STOCKING, ROTATION AND RESTOCKING OF WINE.
Status: in_force

23-1325A. Services permitted incident to stocking, rotation and restocking of wine. For the purposes of section 23-1325(4), Idaho Code, a distributor may, with the permission of the retailer, and in accordance with space allocations directed by the retailer, set, remove, replace, reset or relocate all wine upon the shelves of the retailer. Labor performed or schematics prepared by the distributor relating to conduct authorized pursuant to the provisions of this section shall not constitute prohibited conduct or unlawful aid to a retailer.

History:

[23-1325A, added 1984, ch. 232, sec. 2, p. 562; am. 2020, ch. 82, sec. 14, p. 189.]