reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 3 - LOCAL LIQUOR STORES AND DISTRIBUTING STATIONS › Section 23-308 - COUNTY OPTION SUNDAY LIQUOR SALES — RESOLUTION OF COUNTY COMMISSIONERS — LOCAL OPTION COUNTY ELECTION.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 3 - LOCAL LIQUOR STORES AND DISTRIBUTING STATIONS › Section 23-308A - FORM OF LOCAL OPTION COUNTY ELECTION BALLOT.

23-308A. FORM OF LOCAL OPTION COUNTY ELECTION BALLOT. The county clerk shall furnish the ballots to be used in the local option county election, which ballots shall contain the following words:
"Shall the sale or delivery of any alcoholic liquor in, on, or from the premises of any state liquor store or distributing station be allowed on any Sunday which does not fall on Christmas Day, Yes."
"Shall the sale or delivery of any alcoholic liquor in, on, or from the premises of any state liquor store or distributing station be allowed on any Sunday which does not fall on Christmas Day, No."
and the elector in order to vote must mark an "X" or other mark sufficient to show his intent, opposite one (1) of the questions in a space provided therefor.
History:
[23-308A, added 2004, ch. 79, sec. 3, p. 304.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 3 - LOCAL LIQUOR STORES AND DISTRIBUTING STATIONS › Section 23-308B - EFFECT OF LOCAL OPTION COUNTY ELECTION.

23-308B. EFFECT OF LOCAL OPTION COUNTY ELECTION. Upon a canvass of the votes cast, the clerk of the county shall certify the result thereof to the director of the Idaho state police and to the director of the division. If a majority of the votes cast are "Shall the sale or delivery of any alcoholic liquor in, on, or from the premises of any state liquor store or distributing station be allowed on any Sunday which does not fall on Christmas Day, Yes," then all liquor stores and distributing stations in the county shall be allowed to transact the sale or delivery of any alcoholic liquor in, on, or from all such premises in the county on any Sunday which does not fall on Christmas Day.
History:
[23-308B, added 2004, ch. 79, sec. 4, p. 305; am. 2009, ch. 23, sec. 24, p. 60.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 3 - LOCAL LIQUOR STORES AND DISTRIBUTING STATIONS › Section 23-308C - SUBSEQUENT LOCAL OPTION COUNTY ELECTIONS.

23-308C. SUBSEQUENT LOCAL OPTION COUNTY ELECTIONS. A similar local county option election may be subsequently called and held upon the issue of whether the sale or delivery of any alcoholic liquor in, on, or from the premises of any state liquor store or distributing station shall be allowed on any Sunday which does not fall on Christmas Day. Such subsequent election shall be held upon the filing of a petition, as provided in section 23-308, Idaho Code, signed by the requisite percentage of qualified electors. No such subsequent election shall be held more often than two (2) years after the holding of any local option county election or subsequent election.
History:
[23-308C, added 2004, ch. 79, sec. 5, p. 305.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 3 - LOCAL LIQUOR STORES AND DISTRIBUTING STATIONS › Section 23-309 - SALES.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 3 - LOCAL LIQUOR STORES AND DISTRIBUTING STATIONS › Section 23-310 - ORIGINAL PACKAGE.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 3 - LOCAL LIQUOR STORES AND DISTRIBUTING STATIONS › Section 23-311 - CONTAINERS.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 3 - LOCAL LIQUOR STORES AND DISTRIBUTING STATIONS › Section 23-312 - PERSONS UNDER TWENTY-ONE AND INTOXICATED PERSONS — INHIBITED SALES.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 3 - LOCAL LIQUOR STORES AND DISTRIBUTING STATIONS › Section 23-313 - LIQUOR NOT TO BE CONSUMED ON PREMISES.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 3 - LOCAL LIQUOR STORES AND DISTRIBUTING STATIONS › Section 23-314 - SAMPLE TASTINGS IN RETAIL STORES.

23-314. SAMPLE TASTINGS IN RETAIL STORES. (1) As used in this section:
(a) "Distilled spirits supplier" means any manufacturer, rectifier, importer, or broker of liquor products offered for sale by the division.
(b) "Retail store" means any state liquor store and does not include any distributing station that is authorized by the state of Idaho.
(2) A distilled spirits supplier or its representative may offer sample tastings on the premises of a retail store.
(3) A distilled spirits supplier shall not charge for sample tastings.
(4) Sample sizes for tasting events permitted pursuant to the provisions of this section shall not exceed one-quarter of one ounce (0.25 oz) of alcoholic liquor. A sample may be mixed with another alcoholic liquor or nonalcoholic beverage.
(5) The maximum number of samples allowed shall not exceed three (3) samples per person in any twenty-four (24) hour period.
(6) Samples may be served only by persons twenty-one (21) years of age or older.
(7) In accordance with state law, alcoholic liquor shall be served only to persons who are twenty-one (21) years of age or older.
(8) Samples shall be served in a specifically identified sample area or areas within the retail store. Such area or areas shall be of a size and design such that the person conducting the tasting can observe and control persons in the area to ensure that no persons under twenty-one (21) years of age or visibly intoxicated persons possess or consume alcohol. Customers must remain in the tasting area or areas until they have finished consuming the sample. The retail store shall keep on file at the premises a floor plan identifying the tasting area or areas.
(9) The distilled spirits for sample tastings shall be purchased from the Idaho state liquor division, and all taxes for such distilled spirits shall be paid by the manufacturer of the distilled spirits.
(10) Any unused product must be removed from the premises by the supplier or its representative.
(11) The division must approve of the time, location, method, and items to be sampled at tastings. The distilled spirits supplier must notify the Idaho state police in advance of any tasting approved pursuant to the provisions of this section.
(12) The division may not advertise or otherwise promote to the public a tasting event permitted pursuant to the provisions of this section.
(13) It shall be the responsibility of the distilled spirits supplier to conduct a sample tasting in accordance with the provisions of this section. A retail store that hosts such a sample tasting shall not incur liability arising from a right of action directly resulting from consumption of liquor authorized by this section.
History:
[23-314, added 2020, ch. 293, sec. 2, p. 845.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 4 - LIQUOR FUND › Section 23-401 - LIQUOR ACCOUNT CREATED.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 4 - LIQUOR FUND › Section 23-402 - APPROPRIATION.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 4 - LIQUOR FUND › Section 23-403 - RESERVE.

23-403. RESERVE. No distribution of any surplus from the liquor fund shall be made as provided in the following section, unless there shall be moneys in said fund after setting aside and reserving the following:
(a) Funds sufficient to pay all current obligations of the division.
(b) A cash reserve of fifty thousand dollars ($50,000) over and above all other assets.
History:
[23-403, added 1939, ch. 222, sec. 703, p. 465; am. 2009, ch. 23, sec. 30, p. 61.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 4 - LIQUOR FUND › Section 23-406 - ADMINISTRATIVE EXPENSE.

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 [account] 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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 4 - LIQUOR FUND › Section 23-407 - DEPOSIT OF REVENUE.

23-407. DEPOSIT OF REVENUE. It shall be the duty of all special distributors, officers, agents, and employees to report and pay over to the division, in such manner and pursuant to such rules as may be adopted by it, all revenues derived from the sale of alcoholic beverages, all revenues derived from the sale of all other merchandise sold on behalf of the division, excise taxes, licenses, permits, fees, profits on sales, or other revenues resulting from the operation of this act, and the division shall deposit the same with the state treasurer to the credit of the liquor fund [account].
History:
[23-407, added 1939, ch. 222, sec. 707, p. 465; am. 2006, ch. 18, sec. 6, p. 70; am. 2009, ch. 23, sec. 33, p. 63.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 4 - LIQUOR FUND › Section 23-408 - SUBSTANCE ABUSE TREATMENT FUND.

23-408. SUBSTANCE ABUSE TREATMENT FUND. There is hereby created in the state treasury, the substance abuse treatment fund. Moneys remitted to the substance abuse treatment fund by the division and from the tax on beer and wine are intended to be utilized for substance abuse treatment services at both the state and local levels. Moneys in the fund may be expended pursuant to appropriation and are intended to assist state government and local units of government in providing affordable, accessible substance abuse treatment services, including crisis intervention and detoxification services, inpatient and outpatient treatment services, and recovery support services for all Idaho residents. The state treasurer is authorized to invest all idle moneys in the fund and the interest earned on such investment shall be returned to the fund.
History:
[23-408, added 2007, ch. 141, sec. 2, p. 409; am. 2009, ch. 23, sec. 34, p. 63.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 4 - LIQUOR FUND › Section 23-409 - DRUG AND MENTAL HEALTH COURT SUPERVISION FUND.

23-409. DRUG AND MENTAL HEALTH COURT SUPERVISION FUND. There is hereby created in the state treasury, the drug and mental health court supervision fund. Moneys remitted to the drug and mental health court supervision fund by the division are intended to be utilized by the Idaho department of correction for the supervision of offenders sentenced to drug or mental health court. Moneys in the fund may be expended pursuant to appropriation and are intended to assist the courts in managing and monitoring this high-risk and high-need population. The state treasurer is authorized to invest all idle moneys in the fund and the interest earned on such investment shall be returned to the fund.
History:
[23-409, added 2007, ch. 141, sec. 3, p. 409; am. 2009, ch. 23, sec. 35, p. 63.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 5 - PERMITS AND LICENSES › Section 23-501 - WINE, BEER, MEAD, CIDER, AND OTHER FERMENTED BEVERAGES FOR PERSONAL USE.

23-501. WINE, BEER, MEAD, CIDER, AND OTHER FERMENTED BEVERAGES FOR PERSONAL USE. (1) Any person shall have the privilege of manufacturing wine, beer, mead, cider, or other fermented beverages for the personal use of himself, family, and guests.
(2) The production of wine, beer, mead, cider, or other fermented beverages per household for family or personal use pursuant to this section may not exceed:
(a) Two hundred (200) gallons per calendar year if there are two (2) or more adults residing in the household; or
(b) One hundred (100) gallons per calendar year if there is one (1) adult residing in the household.
History:
[23-501, added 1939, ch. 222, sec. 801, p. 465; am. 1999, ch. 45, sec. 1, p. 107; am. 2020, ch. 205, sec. 1, p. 599; am. 2022, ch. 136, sec. 1, p. 505.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 5 - PERMITS AND LICENSES › Section 23-502 - SACRAMENTAL WINE.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 5 - PERMITS AND LICENSES › Section 23-503 - DENATURED ALCOHOL.

23-503. DENATURED ALCOHOL. Any person, firm, or corporation may manufacture or sell denatured or wood alcohol.
History:
[23-503, added 1939, ch. 222, sec. 803, p. 465.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 5 - PERMITS AND LICENSES › Section 23-504 - ALCOHOLIC NONBEVERAGES.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 5 - PERMITS AND LICENSES › Section 23-505 - TRANSPORTATION OF ALCOHOLIC BEVERAGES.

23-505. TRANSPORTATION OF ALCOHOLIC BEVERAGES. (1) Alcoholic liquor lawfully purchased may be transported, but no person shall break open, or allow to be broken or opened any container of alcoholic liquor, or drink, or use, or allow to be drunk, or used any alcoholic liquor therein while the same is being transported. Provided however, that an unsealed alcoholic beverage container may be transported in an enclosed trunk compartment or behind the last upright seat of a vehicle which has no trunk compartment.
(2) No person in a motor vehicle, while the vehicle is on a public highway or the right-of-way of a public highway may drink or possess any open beverage containing alcoholic liquor, as defined in section 23-105, Idaho Code, beer as defined in section 23-1001, Idaho Code, or wine as defined in section 23-1303, Idaho Code, unless such person is a passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, or in the living quarters of a recreational vehicle as that term is defined in section 49-119, Idaho Code. Violation of this section is a misdemeanor for the individual in actual physical control of the vehicle, as defined in section 18-8004, Idaho Code, and an infraction for other individuals violating this section.
History:
[23-505, added 1939, ch. 222, sec. 805, p. 465; am. 1996, ch. 254, sec. 1, p. 836; am. 2000, ch. 248, sec. 1, p. 701.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 5 - PERMITS AND LICENSES › Section 23-506 - PERMISSIVE USES SUBJECT TO REGULATION.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 5 - PERMITS AND LICENSES › Section 23-507 - MANUFACTURERS’ LICENSES.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 5 - PERMITS AND LICENSES › Section 23-508 - MANUFACTURER’S BOND.

23-508. MANUFACTURER’S BOND. As a condition precedent to the issuance of a manufacturer’s license, the applicant shall post a bond, written by a surety company authorized to do business in Idaho, in the penal sum of one thousand dollars ($1,000), conditioned for the faithful observation of the provisions of this act and the rules of the division promulgated thereunder. For a violation of the conditions thereof, said bond shall be forfeited to the state of Idaho, and any recovery thereon shall be covered into the liquor fund.
History:
[23-508, added 1939, ch. 222, sec. 808, p. 465; am. 2009, ch. 23, sec. 39, p. 64.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 5 - PERMITS AND LICENSES › Section 23-509 - MANUFACTURERS AND WHOLESALERS NOT TO GIVE LIQUOR AWAY.

23-509. MANUFACTURERS AND WHOLESALERS NOT TO GIVE LIQUOR AWAY. No manufacturer, wholesaler, or distributor shall give away any alcoholic liquor of any kind at any time in connection with his business, except for testing or sampling purposes only.
History:
[23-509, added 1939, ch. 222, sec. 809, p. 465.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 5 - PERMITS AND LICENSES › Section 23-509A - SAMPLE TASTING FOR MANUFACTURERS OF DISTILLED SPIRITS.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 5 - PERMITS AND LICENSES › Section 23-509B - DONATIONS FOR BENEVOLENT, CHARITABLE, OR PUBLIC PURPOSES — PERMIT REQUIRED.

23-509B. DONATIONS FOR BENEVOLENT, CHARITABLE, OR PUBLIC PURPOSES — PERMIT REQUIRED. (1) As used in this section:
(a) "Director" means the director of the Idaho state police.
(b) "Event" means an event held for benevolent, charitable, or public purposes where all proceeds from the event, after deducting reasonable expenses, must be donated for a benevolent, charitable, or public purpose.
(c) "Licensee" is as defined in section 23-902, Idaho Code.
(d) "Liquor producer" means any liquor manufacturer, producer, or supplier or a representative of a manufacturer, producer, or supplier.
(e) "Person" is as defined in section 23-902, Idaho Code, and who has not been issued a license in this state for the sale of alcoholic beverages.
(2) Notwithstanding the provisions of section 23-509, Idaho Code, any liquor producer may donate packaged, unopened, and sealed liquor to a person for an event as provided in this section. Any liquor donated under this section must have been acquired from the state liquor division.
(3) To sell or dispense packaged, unopened, and sealed liquor, a person must apply for a permit from the alcohol beverage control bureau. The director may issue the permit. All proceeds from the sale, after deducting reasonable expenses, must be donated for a benevolent, charitable, or public purpose.
(4) The director shall prescribe the form of application, pursuant to his duties in section 23-932, Idaho Code. Such form of application shall be substantially similar to the form described in section 23-1336, Idaho Code, and may include any other information the director deems necessary.
(5) A licensee may, on behalf of a person granted a permit under this section, receive and store liquor to be used at the event and may dispense such liquor to attendees of the event for which the permit was issued. The licensee must act in accordance with any applicable provisions of this title.
(6) The director may suspend, revoke, or refuse to renew a license for any violation of or failure to comply with the provisions of chapter 9, title 23, Idaho Code. Procedures for the suspension, revocation, or refusal to grant or renew licenses shall be in accordance with the provisions of chapter 52, title 67, Idaho Code.
(7) If a permittee fails to comply with permit requirements, the director may revoke existing permits or deny future permits under this section until the permittee cures the failure.
History:
[23-509B, added 2022, ch. 161, sec. 1, p. 550.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 5 - PERMITS AND LICENSES › Section 23-510 - INSPECTION OF MANUFACTORY.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 5 - PERMITS AND LICENSES › Section 23-512 - SALES FOR MEDICAL OR SCIENTIFIC PURPOSES.

23-512. SALES FOR MEDICAL OR SCIENTIFIC PURPOSES. Under such rules and regulations as the division may adopt, it has authority to make sales of alcoholic liquor and ethyl alcohol from the division only:
(a) To a registered pharmacist operating a drug store, for scientific and mechanical purposes and for compounding and preparing medicines.
(b) To a licensed physician, dentist, or veterinarian or other licensed practitioner entitled to prescribe for healing purposes, for administering medicinally and in compounding prescriptions.
(c) To a person in charge of a regularly conducted hospital or sanitorium for administering to the sick and aged.
(d) To a person in charge of a laboratory for use in scientific pursuits and experiments.
(e) For other purposes, similar to those mentioned in this section and not specifically covered by this act.
History:
[23-512, added 1939, ch. 222, sec. 812, p. 465; am. 1963, ch. 296, sec. 3, p. 785; am. 2009, ch. 23, sec. 41, p. 64.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 5 - PERMITS AND LICENSES › Section 23-513 - TERM OF PERMITS OR LICENSES.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 5 - PERMITS AND LICENSES › Section 23-514 - NATURE OF PERMIT.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 5 - PERMITS AND LICENSES › Section 23-515 - INSPECTION AND EXAMINATION OF RECORDS OF PERMITS AND SALES.

23-515. INSPECTION AND EXAMINATION OF RECORDS OF PERMITS AND SALES. The records of the division with respect to permits and sales thereunder shall be subject to disclosure according to chapter 1, title 74, Idaho Code.
History:
[23-515, added 1939, ch. 222, sec. 815, p. 465; am. 1990, ch. 213, sec. 19, p. 501; am. 2009, ch. 23, sec. 44, p. 65; am. 2015, ch. 141, sec. 37, p. 412.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 5 - PERMITS AND LICENSES › Section 23-516 - AUTOMATIC VOIDING OF PERMITS.

23-516. AUTOMATIC VOIDING OF PERMITS. Whenever a permittee has been convicted by any court of any violation of the provisions of this act or of any crime in which the handling or use of intoxicating liquor was a contributing factor, such conviction ipso facto shall operate to void the permit of such person so convicted and any and all privileges thereunder.
History:
[23-516, added 1939, ch. 222, sec. 816, p. 465.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 5 - PERMITS AND LICENSES › Section 23-517 - SUSPENSION AND REVOCATION OF PERMITS.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 5 - PERMITS AND LICENSES › Section 23-518 - SURRENDER OF PERMITS.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 5 - PERMITS AND LICENSES › Section 23-519 - SPECIFIC GROUNDS OF SUSPENSION AND REVOCATION OF PERMITS.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 5 - PERMITS AND LICENSES › Section 23-520 - HOMEMADE BEER, WINE, MEAD, CIDER, AND OTHER FERMENTED BEVERAGES AT LICENSED PREMISES.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 5 - PERMITS AND LICENSES › Section 23-521 - STORAGE OF HOMEMADE BEER, WINE, MEAD, CIDER, AND OTHER FERMENTED BEVERAGES.

23-521. STORAGE OF HOMEMADE BEER, WINE, MEAD, CIDER, AND OTHER FERMENTED BEVERAGES. (1) In addition to any other privilege granted to a licensee under this chapter, a licensee may allow homemade beer, wine, mead, cider, or other fermented beverages produced under section 23-501, Idaho Code, to be stored at the premises described in a full or limited on-premises sales license, off-premises sales license, brewery-public house license, brewery license, winery license, or warehouse license of the licensee. Homemade beer, wine, mead, cider, or other fermented beverages stored pursuant to this subsection must be clearly identified by the producer and kept separate from the alcoholic beverage stock of the licensee and may not be sold or made available for sale to the general public.
(2) A licensee may not acquire any ownership interest in any homemade beer, wine, mead, cider, or other fermented beverages produced under section 23-501, Idaho Code, that are stored pursuant to this section. However, this section does not prohibit a licensee from storing homemade beer, wine, mead, cider, or other fermented beverages produced under section 23-501, Idaho Code, in conducting an organized judging, tasting, exhibition, contest, or competition of the homemade beer, wine, mead, cider, or other fermented beverages, or related events, if the homemade beer, wine, mead, cider, or other fermented beverages are stored with the licensee for that purpose.
History:
[23-521, added 2022, ch. 136, sec. 3, p. 506.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 6 - PENAL PROVISIONS › Section 23-601 - VIOLATION OF DUTY BY OFFICERS AND EMPLOYEES OF DIVISION.

23-601. VIOLATION OF DUTY BY OFFICERS AND EMPLOYEES OF DIVISION. Any officer or employee of the division who shall knowingly and willfully violate any of the provisions of this act, shall be guilty of a misdemeanor; and, upon conviction, shall be punishable by a fine of not less than three hundred dollars ($300), nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not less than three (3) months, nor more than one (1) year, or by both such fine and imprisonment.
History:
[23-601, added 1939, ch. 222, sec. 901, p. 465; am. 2009, ch. 23, sec. 48, p. 66.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 6 - PENAL PROVISIONS › Section 23-602 - UNLAWFUL MANUFACTURE, TRAFFIC IN, TRANSPORTATION, AND POSSESSION OF ALCOHOL BEVERAGE.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 6 - PENAL PROVISIONS › Section 23-603 - DISPENSING TO A PERSON UNDER THE AGE OF TWENTY-ONE YEARS.

23-603. DISPENSING TO A PERSON UNDER THE AGE OF TWENTY-ONE YEARS. Any person who is eighteen (18) years of age or older who shall sell, give, or furnish, or cause to be sold, given, or furnished, alcohol beverage, including any distilled spirits, beer or wine, to a person under the age of twenty-one (21) years shall be guilty of a misdemeanor and upon conviction thereof may be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) per violation, or by imprisonment in the county jail for a period not to exceed one (1) year, or by both such fine and imprisonment. A second or subsequent violation of this section by the same defendant shall constitute a misdemeanor and upon conviction thereof the defendant shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000) per violation, or imprisonment in the county jail for a period not to exceed one (1) year, or by both such fine and imprisonment. Notwithstanding the provisions of section 19-4705, Idaho Code, moneys received pursuant to such fines shall be deposited in the substance abuse treatment fund, as created in section 23-408, Idaho Code. Upon conviction of any person for a violation of the provisions of this section, the court shall notify the director of the Idaho state police. The director shall review the circumstances of the conviction, and if the dispensing took place at a licensed establishment or other retailer or distributor, the director may take administrative action he considers appropriate against the licensee or business including suspension of the license for not to exceed six (6) months, a fine, or both such suspension and fine.
History:
[23-603, added 1939, ch. 222, sec. 903, p. 465; am. 1972, ch. 330, sec. 2, p. 828; am. 1987, ch. 212, sec. 3, p. 450; am. 1999, ch. 59, sec. 3, p. 152; am. 1999, ch. 397, sec. 1, p. 1112; am. 2000, ch. 469, sec. 56, p. 1508; am. 2004, ch. 192, sec. 1, p. 602; am. 2007, ch. 141, sec. 4, p. 409.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 6 - PENAL PROVISIONS › Section 23-604 - MINORS — PURCHASE, CONSUMPTION OR POSSESSION PROHIBITED.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 6 - PENAL PROVISIONS › Section 23-604A - MINORS — LIMITED USE IMMUNITY.

23-604A. MINORS — LIMITED USE IMMUNITY. (1) Any person under twenty-one (21) years of age who, acting in good faith and for a medical emergency:
(a) Is a person seeking or needs emergency medical assistance for himself or others;
(b) Remains on the scene until emergency medical assistance or law enforcement officers arrive; and
(c) Cooperates with emergency medical assistance and law enforcement personnel at the scene;
shall have limited use immunity such that evidence obtained solely as a result of the person having sought, received or rendered emergency medical services as set forth in this section may not be used against the person for any violation of section 23-604 or 23-949, Idaho Code, for consuming or possessing an alcoholic beverage.
(2) The provisions of this section shall have no applicability to the prosecution of any criminal charges other than the consumption or possession of an alcoholic beverage by a person under twenty-one (21) years of age under section 23-604 or 23-949, Idaho Code, and shall not prevent a prosecution based on evidence not obtained as described in subsection (1) of this section.
History:
[23-604A, added 2016, ch. 346, sec. 1, p. 998.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 6 - PENAL PROVISIONS › Section 23-605 - DISPENSING TO DRUNK.

23-605. DISPENSING TO DRUNK. Any person who sells, gives, or dispenses any alcohol beverage, including any distilled spirits, beer or wine, to another person who is intoxicated or apparently intoxicated shall be guilty of a misdemeanor.
History:
[23-605, added 1939, ch. 222, sec. 905, p. 465; am. 1999, ch. 59, sec. 4, p. 152.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 6 - PENAL PROVISIONS › Section 23-606 - FALSE PROCUREMENT OF PERMIT OR LICENSE.

23-606. FALSE PROCUREMENT OF PERMIT OR LICENSE. Any person who procures, or attempts to procure, a permit or license under the provisions of title 23, Idaho Code, by false or fraudulent representations, or under a false or fictitious name, shall be guilty of a misdemeanor.
History:
[23-606, added 1939, ch. 222, sec. 906, p. 465; am. 1999, ch. 59, sec. 5, p. 152.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 6 - PENAL PROVISIONS › Section 23-607 - ADVERTISING.

23-607. ADVERTISING. Except as permitted by federal statute and regulations, there shall be no public advertisement or advertising of alcoholic liquors in any manner or form within the state of Idaho.
(1) No person shall publish, exhibit, or display or permit to be displayed any other advertisement or form of advertisement, or announcement, publication, or price list of, or concerning any alcoholic liquors, or where, or from whom the same may be purchased or obtained, unless permitted so to do by the regulations enacted by the division and then only in strict accordance with such regulations.
(2) This section of the act shall not apply however:
(a) To the division.
(b) To the correspondence or general communications of the division, or its agents and employees.
A violation of this section shall constitute a misdemeanor.
History:
[23-607, added 1939, ch. 222, sec. 907, p. 465; am. 2009, ch. 23, sec. 49, p. 66; am. 2012, ch. 113, sec. 15, p. 315.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 6 - PENAL PROVISIONS › Section 23-608 - ADDED PENALTY — FORFEITURE OF LICENSE OR PERMIT — TRANSMISSION OF RECORD.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 6 - PENAL PROVISIONS › Section 23-610 - POSSESSION OF LIQUOR NOT SUBJECT TO REGULATION BY DIVISION — ILLEGAL — EXCEPTIONS.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 6 - PENAL PROVISIONS › Section 23-611 - OFFICERS MAY SEIZE ILLEGAL ALCOHOLIC LIQUOR.

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.]