reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-927 - HOURS OF SALE OF LIQUOR.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-928 - SALE AWAY FROM LICENSED PREMISES PROHIBITED — GAMBLING PROHIBITED.

23-928. SALE AWAY FROM LICENSED PREMISES PROHIBITED — GAMBLING PROHIBITED. (1) It shall be unlawful for any licensee to sell, give away, dispense, vend, or deliver any liquor in any fashion or by means or device, except upon the licensed premises.
(2) It shall be unlawful for any licensee granted a license under the authority of title 23, Idaho Code, to permit, conduct, play, carry on, open or cause to be opened any gaming in or upon the licensed premises or in or upon any premises directly connected by a door, hallway, or other means of access from the licensed premises. Any licensee authorized under the authority of this title and who is also authorized by other Idaho law to conduct the lawful activities of lottery, bingo, raffles, and pari-mutuel betting on the licensed premises shall be exempt from the provisions of this subsection as long as the lawful activities are conducted in conformity with statute and rules promulgated pursuant thereto.
History:
[23-928, added 1947, ch. 274, sec. 26, p. 870; am. 1997, ch. 343, sec. 1, p. 1027.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-930 - OFFICERS MAY EXAMINE PREMISES.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-931 - ADVERTISING PROHIBITED.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-932 - DIRECTOR TO MAKE REGULATIONS — FURNISH FORMS AND RECORDS.

23-932. DIRECTOR TO MAKE REGULATIONS — FURNISH FORMS AND RECORDS. For the purpose of the administration of this act the director shall make, promulgate and publish such rules and regulations as the said director may deem necessary for carrying out the provisions of this act and for the orderly and efficient administration hereof, and except as may be limited or prohibited by law and the provisions of this act, such rules and regulations so made and promulgated shall have the force of statute. Every licensee shall advise himself of such rules and regulations, and ignorance thereof shall be no defense. Without limiting the generality of the foregoing provisions, the said director shall be empowered and it is made his duty to prescribe forms to be used in the administration of this act, the proof to be furnished and the conditions to be observed in the issuance of licenses, prescribing forms or records to be kept of the sale of liquor by stores, prescribing notices required by this act or the regulations thereof, and the manner of giving and serving the same, prescribing, subject to the provisions of this act, the conditions and qualifications necessary to obtain a license, the books and records to be kept by the licensee, the form of returns to be made by them, and providing for the inspection of such licensed premises, specifying and describing the place and manner in which the liquor may be lawfully kept or stored, covering the conduct, management and equipment of premises licensed to sell liquor and make regulations respecting the sale and consumption of liquor in clubs, hotels and other places of business to licensees.
History:
[23-932, added 1947, ch. 274, sec. 30, p. 870; am. 1974, ch. 27, sec. 31, p. 811.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-933 - SUSPENSION, REVOCATION, AND REFUSAL TO RENEW LICENSES.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-933A - LICENSES — SUSPENSION OR REVOCATION FOR VIOLATION OF OBSCENITY LAWS.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-933B - PROCEDURE FOR OTHER LICENSING AUTHORITIES.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-934 - UNLICENSED ROOMS UNLAWFUL — EXCEPTION.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-934A - ALCOHOL BEVERAGE CATERING PERMIT — APPLICATION.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-934B - FILING OF APPLICATION — APPROVAL.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-934C - REGULATORY AND PENALTY PROVISIONS APPLICABLE.

23-934C. REGULATORY AND PENALTY PROVISIONS APPLICABLE. All of the regulatory and penal provisions of title 23, Idaho Code, shall apply to the exercise of alcohol beverage catering permits, including the penalties for violations thereof, except such provisions declared to be inapplicable to alcohol beverage catering permits by rules prescribed by the director of the Idaho state police; provided, however, the director shall have no power to declare inapplicable any of the provisions of section 23-927, Idaho Code.
History:
[I.C., sec. 23-934C, as added by 1965, ch. 211, sec. 2, p. 484; am. 1999, ch. 58, sec. 4, p. 149; am. 2000, ch. 469, sec. 64, p. 1516.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-935 - VIOLATION — MISDEMEANORS.

23-935. VIOLATION — MISDEMEANORS. A violation of any of the provisions of this act by any agent, employee, servant, or other person in any way acting in behalf of the licensee shall be presumed to be a violation by the licensee. Any person violating any of the provisions of this act, except where a specific penalty is provided, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than the sum of one hundred dollars ($100) nor more than the sum of three hundred dollars ($300) or be imprisoned in the county jail for not less than thirty (30) days nor more than six (6) months, or both such fine and imprisonment. Any court in which a judgment of conviction against any licensee shall be entered shall forthwith certify a copy thereof to the director and the director shall thereupon give intended notice of revocation of any license to such convicted person.
History:
[23-935, added 1947, ch. 274, sec. 32, p. 870; am. 1970, ch. 258, sec. 3, p. 690; am. 1974, ch. 27, sec. 36, p. 811.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-936 - DUTY OF PUBLIC OFFICERS.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-937 - VIOLATION A MORAL NUISANCE.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-938 - SELLING LIQUOR WITHOUT LICENSE — PENALTY.

23-938. SELLING LIQUOR WITHOUT LICENSE — PENALTY. Any person who sells or keeps for sale any liquor without a license as provided in this act shall be guilty of a felony and upon conviction thereof shall be fined not less than one thousand dollars ($1,000) or [nor] more than five thousand dollars ($5,000), or be imprisoned in the state prison for not less than one (1) year nor more than five (5) years, or both such fine and imprisonment.
History:
[23-938, added 1947, ch. 274, sec. 35, p. 870.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-939 - SEPARABILITY.

23-939. SEPARABILITY. If any clause, sentence, paragraph, section, or any part of this act, shall be declared and adjudged to be invalid and/or unconstitutional, such invalidity or unconstitutionality shall not affect, invalidate, or nullify the remainder of this act.
History:
[23-939, added 1947, ch. 274, sec. 36, p. 870.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-940 - ALCOHOL BEVERAGE CONTROL FUND.

23-940. ALCOHOL BEVERAGE CONTROL FUND. (1) There is hereby created in the state treasury the alcohol beverage control fund. All moneys from license and transfer fees that are collected by the director pursuant to the provisions of this chapter shall be paid over to the state treasurer for deposit in the alcohol beverage control fund. Expenditures of moneys in the fund shall be subject to legislative appropriation for the use of the Idaho state police alcohol beverage control bureau in carrying out the provisions of title 23, Idaho Code, and the rules promulgated by the director thereunder. At the beginning of each fiscal year, those moneys in the alcohol beverage control fund that exceed two hundred percent (200%) of that fiscal year appropriation, as certified by the state treasurer, shall be transferred to the general fund.
(2) All other moneys collected by the director pursuant to the provisions of this chapter shall be paid over to the state treasurer for deposit in the general fund.
History:
[23-940, added 1947, ch. 274, sec. 37, p. 870; am. 1974, ch. 27, sec. 38, p. 811; am. 2012, ch. 160, sec. 1, p. 435.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-941 - DECLARATION OF PUBLIC POLICY.

23-941. DECLARATION OF PUBLIC POLICY. It is hereby declared that the intent of this act is to restrict persons under the ages herein specified from entering, remaining in or loitering in or about certain places, as herein defined, which are operated and commonly known as taverns, barrooms, taprooms and cocktail lounges and which do not come within the definition of restaurant as herein contained and are not otherwise expressly exempted from the restrictions herein contained.
History:
[23-941, added 1955, ch. 195, sec. 1, p. 420.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-942 - DEFINITIONS.

23-942. DEFINITIONS. The following definitions shall apply in the interpretation of the enforcement of this act:
(a) "Licensee" shall mean any person licensed to sell liquor by the drink at retail pursuant to the provisions of chapter 9, title 23, Idaho Code, and any person licensed to sell beer for consumption on the premises where sold pursuant to the provisions of chapter 10, title 23, Idaho Code, or county or municipal ordinance.
(b) "Place," as used in this act, means any room of any premises licensed for the sale of liquor by the drink at retail wherein there is a bar and liquor, bar supplies and equipment are kept and where beverages containing alcoholic liquor are prepared or mixed and served for consumption therein, and any room of any premises licensed for the sale of beer for consumption on the premises wherein there is a bar and beer, bar supplies and equipment are kept and where beer is drawn or poured and served for consumption therein.
(c) "Restaurant," as used in this act, means any restaurant, cafe, hotel dining room, coffee shop, cafeteria, railroad dining car or other eating establishment having kitchen and cooking facilities for the preparation of food and where hot meals are regularly served to the public.
History:
[23-942, added 1955, ch. 195, sec. 2, p. 420.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-943 - PERSONS UNDER SPECIFIED AGES FORBIDDEN TO ENTER, REMAIN IN OR LOITER AT CERTAIN LICENSED PLACES.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-943A - IDENTIFICATION.

23-943A. IDENTIFICATION. It shall be a misdemeanor for any person to refuse to present identification indicating age, when requested by a peace officer of the state of Idaho when: (a) he or she shall possess, purchase, attempt to purchase or consume alcoholic liquor, as defined by section 23-105, Idaho Code; or (b) he or she shall possess, purchase, attempt to purchase or consume beer as defined by section 23-1001, Idaho Code; or (c) he or she is on a premises licensed to sell liquor by the drink at retail, or licensed to sell beer for consumption on the premises.
History:
[23-943A, added 1977, ch. 264, sec. 1, p. 772.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-945 - POSTING SIGNS AS TO RESTRICTION.

23-945. POSTING SIGNS AS TO RESTRICTION. Every licensee herein referred to shall keep a sign conspicuously posted over or near each entrance to any place from which persons under twenty-one (21) years are herein restricted giving public notice of such fact. The wording and size of such signs shall be in accordance with such regulations as the director may prescribe.
History:
[23-945, added 1955, ch. 195, sec. 5, p. 420; am. 1972, ch. 330, sec. 7, p. 828; am. 1972, ch. 332, sec. 3, p. 834; am. 1974, ch. 27, sec. 39, p. 811; am. 1987, ch. 212, sec. 8, p. 451.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-946 - STATEMENT MADE BY LICENSEES OF PREMISES OPERATED AS RESTAURANTS — INDORSEMENT UPON LICENSE.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-947 - VIOLATIONS OF ACT A MISDEMEANOR.

23-947. VIOLATIONS OF ACT A MISDEMEANOR. The violation of any of the provisions of this act shall constitute a misdemeanor.
History:
[23-947, added 1955, ch. 195, sec. 7, p. 420.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-949 - PERSONS NOT ALLOWED TO SELL, SERVE OR DISPENSE BEER, WINE OR OTHER ALCOHOLIC LIQUOR.

23-949. PERSONS NOT ALLOWED TO SELL, SERVE OR DISPENSE BEER, WINE OR OTHER ALCOHOLIC LIQUOR. It is unlawful for any person under the age of twenty-one (21) years to sell, serve or dispense beer, wine or other alcoholic liquor; provided, however, that any person who is nineteen (19) years of age or older may sell, serve and dispense liquor, beer or wine in the course of his employment in any place as defined in section 23-942, Idaho Code, or other place where liquor, beer or wine is lawfully present so long as such place is the place of employment for such person under twenty-one (21) years of age.
For purposes of this section, a person who sells, serves or dispenses liquor, beer or wine in compliance with the provisions of this section shall not be deemed to "possess" alcohol in violation of section 23-604, Idaho Code.
Any person violating the provisions of this section shall be guilty and punished in accordance with section 18-1502, Idaho Code.
History:
[23-949, added 1961, ch. 18, sec. 1, p. 21; am. 1972, ch. 330, sec. 8, p. 828; am. 1978, ch. 374, sec. 1, p. 980; am. 1981, ch. 222, sec. 4, p. 413; am. 1982, ch. 110, sec. 5, p. 313; am. 1987, ch. 212, sec. 9, p. 452; am. 2000, ch. 334, sec. 1, p. 1125; am. 2016, ch. 344, sec. 5, p. 990.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-950 - RESTRICTION AGAINST TRANSFER OF LICENSE.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-951 - DISTILLED SPIRITS FUELS.

23-951. DISTILLED SPIRITS FUELS. (1) Any person, partnership, association or corporation registered to produce alcohol for use in motor fuels and in possession of a federal operating permit pursuant to title 27, code of federal regulations, part 201.131 – 201.138 or part 201.64, 201.65 shall not be deemed to be making alcoholic liquor within the meaning of section 23-105, Idaho Code, provided:
(a) Such person, partnership, association or corporation prior to commencing operation furnishes the Idaho state police with a true copy of the operating permit application described in title 27, code of federal regulations, part 201.137 or 201.65 and a true copy of the operating permit or other authorizing document;
(b) Such person, partnership, association or corporation faithfully complies with all security and supervision requirements of the federal government; and
(c) Alcohol possessed or produced under the federal operating permit is not used, sold or made available for human consumption.
(2) The Idaho state police shall maintain a list of persons, partnerships, associations or corporations in the state of Idaho who hold federal operating permits as described in subsection (1) of this section.
History:
[(23-951) 23-950, added 1981, ch. 6, sec. 1, p. 13; am. 1987, ch. 86, sec. 6, p. 164; am. and redesignated 2000, ch. 469, sec. 65, p. 1516.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-952 - CROSS-COUNTRY SKIING FACILITY — LICENSING EVEN IF OUTSIDE CORPORATE LIMITS OF CITY.

23-952. CROSS-COUNTRY SKIING FACILITY — LICENSING EVEN IF OUTSIDE CORPORATE LIMITS OF CITY. Nothing contained in law shall prohibit the issuance of a license to the owner, operator or lessee of an actual cross-country skiing facility if situated five (5) or more miles outside the corporate limits of a city. The provisions of section 23-910, Idaho Code, shall be applicable to licenses issued pursuant to this section. For the purposes of this section, a cross-country skiing facility shall comprise real property, open to the public, with not less than fifteen (15) miles of groomed cross-country skiing trails, and overnight accommodations for not less than twenty (20) persons. The fees for licenses granted under the provisions of this section shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code. Not more than one (1) licensed premises shall be permitted on any cross-country skiing facility or within the area comprising the facility.
History:
[23-952, added 1987, ch. 32, sec. 3, p. 54.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-953 - RACING FACILITIES — LICENSING.

23-953. RACING FACILITIES — LICENSING. Nothing contained in this chapter shall prohibit the issuance of a license to the owner, operator or lessee of a racing facility, even if situated outside the incorporated limits of a city. A "racing facility" means an actual, bona fide racing facility located on not less than twenty (20) contiguous acres with permanently erected seating of not less than one thousand (1,000) capacity, and which has a license to conduct pari-mutuel racing. The provisions of section 23-910, Idaho Code, shall apply to licenses issued under the provisions of this section. The fees for licenses granted under the provisions of this section shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code. Licenses issued under the provisions of this section are not transferable.
History:
[23-953, added 1988, ch. 287, sec. 1, p. 921.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-954 - THEME PARKS — LICENSING.

23-954. THEME PARKS — LICENSING. Nothing contained in this chapter shall prohibit the issuance of a license to the owner, operator or lessee of a theme park, even if situated outside the incorporated limits of a city. A "theme park" means a facility located on not less than forty (40) contiguous acres, and permanently constructed for the purpose of conducting, presenting or providing activities and services normally related to family oriented entertainment and recreational programs, which is open to the public and which provides meeting facilities. The provisions of section 23-910, Idaho Code, shall apply to licenses issued under the provisions of this section. The fees for licenses granted under the provisions of this section shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code.
History:
[23-954, added 1988, ch. 307, sec. 1, p. 962.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-955 - SPLIT OWNERSHIP FACILITY — LICENSING.

23-955. SPLIT OWNERSHIP FACILITY — LICENSING. Nothing contained in this chapter shall prohibit the issuance of a license to the owner, operator or lessee of a premises that has been, because of a split in ownership of the original premises, separated from a ski resort facility or golf course already licensed under the provisions of section 23-903, Idaho Code. The provisions of section 23-910, Idaho Code, shall be applicable to licenses issued pursuant to this section. The fees for licenses granted under the provisions of this section shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code. Licenses issued under the provisions of this section are not transferable.
History:
[23-955, added 1994, ch. 432, sec. 1, p. 1396; am. 1995, ch. 145, sec. 1, p. 612; am. 2004, ch. 259, sec. 1, p. 734.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-956 - CONTINUATION OF GOLF COURSE LIQUOR LICENSE FOLLOWING CHANGE OF LAND USE.

23-956. CONTINUATION OF GOLF COURSE LIQUOR LICENSE FOLLOWING CHANGE OF LAND USE. Nothing contained in this chapter shall prohibit the issuance of a license to the owner, operator, or lessee of a premises previously licensed as a golf course under the provisions of section 23-903, Idaho Code, following termination of the golf course use and conversion of the premises to another use or uses, provided that the golf course was licensed as a golf course under the provisions of section 23-903, Idaho Code, for a minimum of twenty (20) years prior to such termination. The provisions of section 23-910, Idaho Code, shall be applicable to licenses issued pursuant to this section. The fees for licenses granted under the provisions of this section shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code, unless the premises is located within the incorporated limits of any city, in which case the fee shall be the same as that prescribed for a license in a city of that size as set forth in section 23-904, Idaho Code. Licenses issued under the provisions of this section are not transferable away from the premises. Upon termination of the golf course use, no part of the premises shall be eligible for the issuance of an additional license pursuant to section 23-955, Idaho Code, due to a split in ownership which occurs after such termination. The eligibility to obtain a license pursuant to this section following termination of the golf course use shall, in the event of a later split in ownership of the premises, be allocated to one (1) of the parcels resulting from such split, either by contract between the parties to the split or by grant or reservation in the deed of conveyance. In the event the contract between the parties or the deed of conveyance fails to specify which parcel retains eligibility under this section, eligibility shall be deemed to be retained by the parcel upon which is, or was, located the greater share of physical improvements at or within which alcohol was served prior to the split in ownership. Upon any further split of the parcel retaining eligibility to obtain a license pursuant to this section, the same restrictions shall apply to the new split in ownership and any future splits of the parcel retaining such eligibility, such that there shall never be more than one (1) license issued pursuant to this section for the land constituting the original golf course premises. Nothing in this section shall prohibit the issuance of a license to the owner, operator or lessee of any split-off parcel to the extent such parcel qualifies for a license under any other provision of this chapter.
History:
[23-956, added 2005, ch. 357, sec. 2, p. 1128.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-957 - YEAR-ROUND LIQUOR LICENSE.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1002 - ALCOHOLIC CONTENT.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1004 - DEALERS’ LICENSE FEE.

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.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1005 - QUALIFICATIONS OF LICENSEES.

23-1005. QUALIFICATIONS OF LICENSEES. No license shall issue to an applicant for a dealer’s or wholesaler’s license unless the applicant is authorized to do business within the state of Idaho; nor shall such license be issued to an applicant whose license, or the license of any partner, has been revoked within two (2) years; nor to an applicant who, or if a partnership any partner of whom, has been convicted of any violation of any law of Idaho or of the United States regulating, governing, or prohibiting the sale of alcoholic beverages or intoxicating liquor. Any such license issued shall be revoked if the licensee ceases to have the qualifications, or acquires the disqualifications, in this section provided.
History:
[23-1005, added 1935, ch. 132, sec. 3-b, as added by 1943, ch. 167, sec. 2, p. 349; am. 1992, ch. 315, sec. 2, p. 939; am. 1994, ch. 14, sec. 8, p. 27.]