reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1005A - TRANSFER OF LICENSE — FEE — APPLICATION FOR APPROVAL.

23-1005A. TRANSFER OF LICENSE — FEE — APPLICATION FOR APPROVAL. (a) No brewer, dealer or wholesaler of beer license issued pursuant to section 23-1003, Idaho Code, or any beer retailer license issued pursuant to section 23-1010, Idaho Code, may be transferred to another person, including an executor, administrator, or trustee in bankruptcy of the estate of the licensee, unless the transferee shall first have obtained the approval of the director to such transfer upon application containing substantially the same information required of an applicant for a brewer’s, dealer’s, wholesaler’s or retailer’s beer license, as the case may be. If the transferee possesses all the qualifications and none of the disqualifications for such license, the director shall approve the transfer by issuing a license to the transferee. The fee for each transfer of a brewer’s, dealer’s, wholesaler’s or retailer’s beer license shall be twenty dollars ($20.00), which fee shall accompany the application for transfer.
(b) Application for a transfer of any beer license from one location to another shall be made to the director on forms prescribed and furnished by the director. The director shall approve such transfer upon submission of the application and receipt by the director of a transfer fee of twenty dollars ($20.00).
(c) The director, in his discretion, may deny the transfer of a license during the pendancy of any proceedings for suspension or revocation instituted pursuant to the provisions of this chapter.
History:
[23-1005A, added 1979, ch. 137, sec. 1, p. 433; am. 1991, ch. 28, sec. 2, p. 56.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1006 - RECORDS AND RETURNS OF LICENSEES — INVESTIGATIONS AND EXAMINATIONS.

23-1006. RECORDS AND RETURNS OF LICENSEES — INVESTIGATIONS AND EXAMINATIONS. Every licensed dealer, brewer and wholesaler shall have, and notify the director of, a place of business within the state of Idaho where such licensee will and shall keep a record of his or its imports into, and sales of beer within, the state, including the date, quantity, from whom purchased for import, the carrier or other person or means by whom or which transported for import, and the name and address of the vendee, and shall so keep such record of each such sale or import for a period of four (4) years thereafter. Such licensee shall, on or before the 15th day of each month, make a return to the director of the amount of beer sold in, and imported by him into, the state of Idaho for the preceding month, which shall be upon forms furnished by the director. The director may require such additional information to be included in such returns as shall assist him in determining whether or not such licensee is complying with, or violating, this act and whether or not all taxes and license fees provided for by this act are being fully paid. The director shall have the right at any time to make an examination of each dealer’s, brewer’s and wholesaler’s books, records and premises, make an inventory and otherwise check the accuracy of such returns, and investigate for any violation of this act, and file, and retain in his office for not less than two (2) years, a report thereof. An application for, and acceptance of a license by, a dealer, brewer, wholesaler or retailer shall constitute consent to, and be authority for, entry by the director, or his authorized agents, upon any premises related to the licensee’s business, or wherein are, or should be, kept, any of the licensee’s books, records, supplies or other property related to said business, and to make the inventory, check and investigations aforesaid with relation to said licensee or any other licensee.
History:
[23-1006, added 1935, ch. 132, sec. 3-c, as added by 1943, ch. 167, sec. 2, p. 349; am. 1974, ch. 27, sec. 43, p. 811; am. 1984, ch. 104, sec. 1, p. 242; am. 1999, ch. 129, sec. 1, p. 373; am. 2000, ch. 333, sec. 1, p. 1123.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1007 - SALES BY DEALERS AND WHOLESALERS — PROHIBITED UNLESS OBTAINED FROM LICENSEES — CONSUMPTION ON PREMISES PROHIBITED — MINIMUM SALE ON LICENSED PREMISES OF UNBROKEN PACKAGES OR KEGS.

23-1007. SALES BY DEALERS AND WHOLESALERS — PROHIBITED UNLESS OBTAINED FROM LICENSEES — CONSUMPTION ON PREMISES PROHIBITED — MINIMUM SALE ON LICENSED PREMISES OF UNBROKEN PACKAGES OR KEGS. Except as provided in section 23-1007A, Idaho Code, it shall be unlawful for any dealer or wholesaler to sell for use within the state of Idaho any unbroken packages or kegs of beer produced, manufactured, imported or bought by such dealer except to licensed dealers, wholesalers, retailers to whom a license has been issued by the director, or to employees of the wholesaler or dealer; nor shall any dealer or wholesaler allow for a consideration such beer to be consumed upon the premises of such dealer or wholesaler; provided, however, that any dealer or wholesaler shall be allowed to make sales of beer in kegs of not less than five (5) gallons to a consumer at his licensed premises. Licensed brewers may sell at retail only as provided in section 23-1003(d) and (e), Idaho Code.
History:
[23-1007, added 1935, ch. 132, sec. 3-d, as added by 1943, ch. 167, sec. 2, p. 349; am. 1965, ch. 292, sec. 1, p. 778; am. 1982, ch. 307, sec. 1, p. 772; am. 1987, ch. 22, sec. 2, p. 30; am. 1991, ch. 279, sec. 1, p. 721; am. 2013, ch. 95, sec. 1, p. 232.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1007A - BEER SOLD OR DONATED FOR BENEVOLENT, CHARITABLE OR PUBLIC PURPOSES — PERMIT REQUIRED.

23-1007A. BEER SOLD OR DONATED FOR BENEVOLENT, CHARITABLE OR PUBLIC PURPOSES — PERMIT REQUIRED. (1) Notwithstanding the provisions of section 23-1007, Idaho Code, to the contrary, nothing shall prevent any licensed dealer, wholesaler or retailer from selling or donating unbroken packages of beer or kegs of beer to a person which has not been issued any license for the sale of alcoholic beverages in this state, for benevolent, charitable or public purposes if a permit has been issued to the person or nonprofit entity as provided in subsection (2) of this section.
(2) Upon application to the director of the Idaho state police, the director may issue a permit authorizing the sale or dispensing of beer by a person if the director is satisfied that the proceeds, after deducting reasonable expenses incurred, will be donated for a benevolent, charitable or public purpose. The director shall prescribe the form of the application which may require:
(a) Disclosure of names of sponsors;
(b) Quantities and types of beer products to be used at the event;
(c) Names of the dealer or wholesaler from whom the beer is to be received;
(d) The retailer, if any, designated by such person or nonprofit entity to receive, store or dispense beer on behalf of the permittee;
(e) Dates and hours during which the permit is to be effective, not to exceed three (3) consecutive days;
(f) That the applicant submit a report to the director subsequent to the benevolent, charitable or public purpose event showing the disposition of funds from the event; and
(g) Such other information directly related to the event and the applicant that the director may require.
The director shall collect a twenty dollar ($20.00) fee for each permit issued.
(3) Should the director determine that an applicant, permittee or its representative is violating or has in the past violated any law pertaining to the dispensing or sale of beer by a licensed retailer relating to hours of sale, relating to restrictions concerning age provided in section 23-1013, Idaho Code, or has failed in the past to submit such information as may have been requested by the director, such permit may be summarily suspended by the director prior to hearing, or may be denied or cancelled pending a hearing.
(4) A licensed retailer may, on behalf of the permittee, receive or store beer to be used at the event and may dispense such beer to attendees of the benevolent, charitable or public purpose event for which the permit was issued.
History:
[23-1007A, added 1991, ch. 279, sec. 2, p. 722; am. 2000, ch. 469, sec. 67, p. 1517.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1009 - RETAILERS’ LOCAL LICENSES.

23-1009. RETAILERS’ LOCAL LICENSES. No retailer shall sell beer within this state, until he or it shall be licensed therefor by a municipality, if the business is to be conducted therein, and by the county wherein said business is to be conducted, and by the director. Applications for retailer’s licenses shall be made under oath first to the director of the Idaho state police, and if the license be issued, to the county and then to the municipality, upon forms to be supplied by each, which forms shall require that the applicant show that the applicant possesses all of the qualifications and none of the disqualifications of a retailer licensee under this act, and, as to the municipal license, under any ordinance thereof. Each application shall be accompanied with the required license fee. If the applications conform hereto the director, county and municipality respectively, shall each issue a retailer’s license to the applicant, subject to the restrictions and upon the conditions in this act specified, and, as to the municipal license, in the ordinance aforesaid. Said licenses shall at all times be prominently displayed in the place of business of the licensee, and shall be issued only for the particular premises described therein, but the municipality, county and director may permit a transfer to other particularly described premises. No license transferred by process of law or otherwise shall authorize the transferee, including any executor, administrator or trustee in bankruptcy of the estate of the licensee, to retail beer thereunder until the transferee shall have filed under oath applications therefor containing substantially the same information required of an applicant for a license, and if the transferee possesses the qualifications and none of the disqualifications for a license as herein provided, the director, county and municipality shall approve such transfer and issue a license so to show. The transferee shall accompany the state application for transfer with, and shall pay, the fee as set out in section 23-1005A, Idaho Code. Such transferee shall accompany each such county and municipality application for transfer with, and shall pay, the sum of five dollars ($5.00).
History:
[23-1009, added 1935, ch. 132, sec. 5, as added by 1943, ch. 167, p. 349; am. 1974, ch. 27, sec. 44, p. 811; am. 1991, ch. 137, sec. 5, p. 323; am. 2000, ch. 469, sec. 68, p. 1518.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1011 - ISSUANCE OF LICENSES.

23-1011. ISSUANCE OF LICENSES. Notwithstanding any other provision of chapter 10, title 23, Idaho Code, all applications for retail sale of beer licenses, renewals, or transfers thereof, shall be first presented to the director of the Idaho state police for approval and issuance of the state license required by state law. If the license, renewal or transfer thereof is approved by the director, then such license, renewal or transfer thereof may be issued by the city or county, or both, as the case may be. Approval of such license, renewal or transfer thereof may be by endorsement upon the state license or by the issuance of an additional license, at the option of the city or county.
History:
[23-1011, added 1976, ch. 165, sec. 1, p. 595; am. 1983, ch. 50, sec. 1, p. 121; am. 1991, ch. 137, sec. 6, p. 324; am. 2000, ch. 469, sec. 69, p. 1519.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1011A - OFFICERS MAY EXAMINE PREMISES.

23-1011A. OFFICERS MAY EXAMINE PREMISES. The director or his duly authorized representative, the sheriff of any county, or any other police officer, shall have the right at any time to make an examination of the premises of any licensee as to whether the laws of the state of Idaho, the rules and regulations of the director, and the ordinances of any city or county are being complied with.
History:
[(23-1011A) I.C., sec. 23-1011 [23-1011a], as added by 1976, ch. 236, sec. 1, p. 829; am. and redesignated as sec. 23-1011A, 1983, ch. 50, sec. 2, p. 121.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1011B - BARS OR TAVERNS NOT ALLOWED NEAR CHURCHES OR SCHOOLS — EXCEPTIONS.

23-1011B. BARS OR TAVERNS NOT ALLOWED NEAR CHURCHES OR SCHOOLS — EXCEPTIONS. No license shall be issued for any place where beer is sold or dispensed to be consumed on the premises, whether conducted for pleasure or profit, that is within three hundred (300) feet of any public school, church, or any other place of worship measured in a straight line to the nearest entrance to the licensed premises, except with the approval of the governing body of the municipality; provided that this limitation shall not apply to any duly licensed premises that at the time of licensing did not come within the restricted area but subsequent to licensing came therein.
History:
[23-1011B, added 1978, ch. 349, sec. 1, p. 913.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1012 - HOURS OF SALE.

23-1012. HOURS OF SALE. (1) It shall be unlawful and a misdemeanor for any person in any place licensed to sell beer or where beer is sold or dispensed to be consumed on the premises, whether conducted for pleasure or profit, to sell, dispense or give away beer between the hours of one (1) o’clock A.M. and six (6) o’clock A.M.
(2) Any patron present on the licensed premises after the sale of beer has stopped as provided in subsections (1) and (4) herein shall have a reasonable time, not to exceed thirty (30) minutes, to consume any beverage already served.
(3) Any person who consumes or intentionally permits the consumption of any alcoholic beverage upon the licensed premises after the time provided for in subsection (2) shall be guilty of a misdemeanor.
(4) A county or city may, however, extend, until two (2) o’clock A.M., the hours of the sale of beer.
History:
[23-1012, added 1943, ch. 167, sec. 5, p. 349; am. 1978, ch. 39, sec. 1, p. 68; am. 1987, ch. 110, sec. 2, p. 223; am. 1987, ch. 351, sec. 1, p. 780; am. 2003, ch. 284, sec. 2, p. 770.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1013 - RESTRICTIONS CONCERNING AGE.

23-1013. RESTRICTIONS CONCERNING AGE. Any person who is nineteen (19) years of age or older may sell, serve, possess or dispense beer in the course of his employment, otherwise it shall be unlawful for any person to sell, serve or dispense beer to or by any person under twenty-one (21) years of age, proof of which, shall be a validly issued state, district, territorial, possession, provincial, national or other equivalent government driver’s license, identification card or military identification card bearing a photograph and date of birth, or a valid passport.
History:
[I.C., sec. 23-1013, as added by 1961, ch. 299, sec. 4, p. 543; am. 1967, ch. 19, sec. 1, p. 37; am. 1972, ch. 332, sec. 5, p. 834; am. 1975, ch. 179, sec. 2, p. 485; am. 1987, ch. 212, sec. 10, p. 452; am. 1991, ch. 269, sec. 2, p. 661.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1014 - LICENSE FEES.

23-1014. LICENSE FEES. Every person licensed under the provisions of this chapter shall pay to the state of Idaho an annual license fee according to the following schedule:
(1) Brewer annually producing
(a) Under 10,000 gallons
(b) 10,000 to 100,000 gallons
(c) 100,000 to 930,000 gallons
(d) 930,000 gallons or more
A like amount shall be paid for each separate brewery operated by the licensee.
(2) Wholesaler
(a) For each separate warehouse used for the purpose of wholesaling or dispensing beer
(3) Dealer
(4) Retailer
(a) For each store from which beer is retailed
(b) For each store from which a licensed retailer sells keg beer for consumption off premises
Nothing in this chapter shall be so construed to prohibit municipalities or counties from licensing and regulating places of business where beer is sold to the consumer.
History:
[23-1014, added 1987, ch. 91, sec. 2, p. 173; am. 1994, ch. 13, sec. 1, p. 20.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1017 - INTENTION OF PRECEDING SECTION.

23-1017. INTENTION OF PRECEDING SECTION. It is hereby declared to be the intention of section 23-1016 that both counties and incorporated municipalities may levy and collect a license [fee] for the retail sale of beer as herein provided, and the granting of power to license retailer of beer in an incorporated municipality shall not be held as in any way conflicting with the provisions of this act relating to the granting of retailer’s license by the county.
History:
[23-1017, added 1935, ch. 132, sec. 7-C, as added by 1947, ch. 192, sec. 7, p. 462.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1018 - SALE OF KEG BEER — PENALTIES.

23-1018. SALE OF KEG BEER — PENALTIES. (1) Retail and wholesale licensees selling keg beer for consumption off licensed premises shall place an identification tag onto all kegs of beer at the time of sale and require the signing of a receipt therefor by the purchaser in order to allow kegs to be traced if the contents are used in violation of this act. The keg identification shall be in the form of a numbered label prescribed and supplied by the director of the Idaho state police, which identifies the seller and which is removable or obliterated when the keg is processed for refilling. The receipt shall be on a form prescribed and supplied by the director of the Idaho state police and shall include the name and address of the purchaser and such other information as may be required by the director of the Idaho state police.
(2) Any licensee selling keg beer for off-premises consumption who fails to require the signing of a receipt at the time of sale and fails to place a numbered identification label onto the keg shall be subject to having his license suspended as set forth in section 23-1038, Idaho Code.
(3) Possession of a keg containing beer which is not identified as required by subsection (1) of this section is a misdemeanor.
(4) Any purchaser of keg beer who knowingly provides false information on the receipt required by subsection (1) of this section shall be guilty of a misdemeanor.
(5) As used in this section, "keg" means any brewery-sealed, individual container of beer having a liquid capacity of five (5) gallons or more.
History:
[23-1018, added 1981, ch. 76, sec. 1, p. 109; am. 1989, ch. 314, sec. 1, p. 810; am. 1990, ch. 428, sec. 1, p. 1184; am. 2000, ch. 469, sec. 70, p. 1519; am. 2013, ch. 95, sec. 2, p. 232.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1023 - BEER — AUTHORIZATION TO DELIVER.

23-1023. BEER — AUTHORIZATION TO DELIVER. The prohibition upon possession of beer by any person under twenty-one (21) years of age does not apply to possession by a person under the age of twenty-one (21) years making a delivery of beer in pursuance of the order of his parent or in pursuance of his employment, or when such person under the age of twenty-one (21) years is in a private residence accompanied by his parent or guardian and with such parent’s or guardian’s consent.
History:
[23-1023, as added by 1953, ch. 72, sec. 1, p. 94; am. 1967, ch. 351, sec. 1, p. 995; am. 1972, ch. 332, sec. 6, p. 834; am. 1987, ch. 212, sec. 11, p. 452; am. 1997, ch. 68, sec. 1, p. 144; am. 1999, ch. 59, sec. 10, p. 154.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1024 - FALSE REPRESENTATION AS BEING TWENTY-ONE OR MORE YEARS OF AGE A MISDEMEANOR.

23-1024. FALSE REPRESENTATION AS BEING TWENTY-ONE OR MORE YEARS OF AGE A MISDEMEANOR. Any person under the age of twenty-one (21) years who shall by any means represent to any person licensed to sell beer at retail or wholesale, or to any agent or employee of such retail or wholesale licensee, that he or she is twenty-one (21) or more years of age for the purpose of entering licensed premises or inducing such retail or wholesale licensee, his agent or employee, to sell, serve or dispense beer to him or her shall be guilty of a misdemeanor.
Any person who shall by any means represent to any such retail or wholesale licensee, his agent or employee, that any other person is twenty-one (21) or more years of age, when in fact such other person is under the age of twenty-one (21) years, for the purpose of entering licensed premises or inducing such retail or wholesale licensee, his agent or employee, to sell, serve or dispense beer to such other person, shall be guilty of a misdemeanor.
History:
[I.C., sec. 23-1024, as added by 1953, ch. 72, sec. 1, p. 94; am. 1972, ch. 332, sec. 7, p. 834; am. 1987, ch. 212, sec. 12, p. 452; am. 1991, ch. 269, sec. 3, p. 661.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1025 - LICENSE AND TRANSFER FEES — ALCOHOL BEVERAGE CONTROL FUND.

23-1025. LICENSE AND TRANSFER FEES — ALCOHOL BEVERAGE CONTROL FUND. All moneys from license and transfer fees that are collected by the director pursuant to the provisions of this chapter shall be paid over to the state treasurer for deposit in the alcohol beverage control fund created in section 23-940, Idaho Code. All other moneys collected by the director pursuant to the provisions of this chapter shall be paid over to the state treasurer for deposit in the general fund.
History:
[23-1025, added 2012, ch. 160, sec. 2, p. 436.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1027 - CERTIFICATE OF APPROVAL REQUIRED OF MANUFACTURER.

23-1027. CERTIFICATE OF APPROVAL REQUIRED OF MANUFACTURER. It shall be unlawful for any person licensed under the provisions of this act, to purchase, import, transport or cause to be transported into or within the state of Idaho any beer for resale therein, unless prior thereto a certificate of approval shall have been issued by the director to the manufacturer of such beer. The certificate of approval herein required shall be issued to a manufacturer of beer upon application therefor provided the manufacturer shall have first agreed in writing with the director as follows:
(a) to furnish to the director, on or before the 15th day of each month, a written report under oath on a form to be prescribed by the director showing the quantity of beer sold, delivered or shipped to each wholesaler or dealer of beer licensed in this state for resale in this state; and
(b) that such manufacturer and every person employed by it or acting as its agents (other than wholesalers and dealers licensed in this state) will faithfully comply with and observe all the provisions of the laws of the state of Idaho relating to beer and all rules and regulations adopted by the director pursuant to such laws.
If, after obtaining such certificate, any such manufacturer shall fail to submit such report, or, if it, or any such person employed by it or acting as its agent, shall violate the terms of such agreement, the director may determine to revoke or suspend such certificate by reason thereof. The procedure for giving notice of such determination and for proceedings to contest determination as provided for in sections 23-1037 through 23-1045, Idaho Code, shall govern insofar as they may be applicable. The district court of Ada County shall have jurisdiction of any such proceedings to contest the director’s determination.
History:
[I.C., sec. 23-1027, as added by 1961, ch. 299, sec. 5, p. 543; am. 1974, ch. 27, sec. 48, p. 811.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1028 - WAREHOUSE AND RECORDS OF WHOLESALERS AND DEALERS.

23-1028. WAREHOUSE AND RECORDS OF WHOLESALERS AND DEALERS. Each licensed wholesaler and dealer shall sell and distribute beer in this state only from stocks of beer which have been unloaded, stored and maintained in a warehouse or warehouses owned or used by such wholesaler or dealer within the state of Idaho in the conduct of his business as such. All records which a wholesaler or dealer is by law or rule required to maintain, shall be kept at his warehouse within the state of Idaho, or, if such wholesaler or dealer shall have more than one (1) warehouse, then in the warehouse of such wholesaler or dealer which he shall designate as his principal warehouse within the state. Nothing in this section shall be deemed to affect the existing rights of any person who, on and prior to January 1, 1996, was licensed as a wholesaler by the state of Idaho.
History:
[I.C., sec. 23-1028, as added by 1961, ch. 299, sec. 5, p. 543; am. 1996, ch. 329, sec. 1, p. 1123.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1029 - POSTING OF PRICES.

23-1029. POSTING OF PRICES. Each licensed wholesaler, brewer and dealer engaged in selling beer for resale within this state, shall file with the director a written schedule of prices to be charged by him for beer sold within this state for resale therein, which schedule of prices shall be uniform for the same class of buyers in the same trade area within this state, and shall set forth;
(a) all brands and types of products offered for sale;
(b) the delivered sale price thereof in the several trade areas of the state to the various classes of buyers; and
(c) any allowance granted for returned containers.
Such schedule of prices so filed may be changed or modified from time to time by filing with the director a new schedule of prices, not less than ten (10) days prior to the last day of the filing calendar month, becoming effective on the first day of the succeeding calendar month.
Such schedule of prices so filed shall not be withdrawn within ten (10) days of its effective date. An amendment of the prior filing shall show the posting changes of the particular brand and product affected. The amendment shall be in the form of a statement to the director detailing the reasons for the amendment. The amendment submitted to the director shall be prima facie evidence of its correctness; and failure of the director to act upon denial of the amendment within ten (10) days shall constitute its adoption. Upon becoming effective the schedule shall remain in effect as follows:
(i) an increase in prices, for a minimum period of thirty (30) days;
(ii) a reduction in prices, for a minimum period of six (6) months. All price schedules, so filed, shall be subject to public inspection and shall not be considered confidential. Upon the filing of the original schedule of prices, and after the effective date of any schedule of prices amendatory thereto, all prices therein stated shall be strictly adhered to, and any departure or variation therefrom shall constitute the giving of aid or assistance prohibited by the provisions of section 23-1033, Idaho Code.
History:
[I.C., sec. 23-1029, as added by 1961, ch. 299, sec. 5, p. 543; am. 1969, ch. 276, sec. 1, p. 819; am. 1972, ch. 33, sec. 1, p. 51; am. 1974, ch. 27, sec. 49, p. 811; am. 1975, ch. 151, sec. 1, p. 383; am. 1979, ch. 136, sec. 1, p. 432.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1030 - SIZE OF CONTAINERS.

23-1030. SIZE OF CONTAINERS. No dealer or wholesaler shall purchase, receive or resell any beer except in the original container as prepared for the market by the brewer at the place of manufacture.
History:
[I.C., sec. 23-1030, as added by 1961, ch. 299, sec. 5, p. 543; am. 1974, ch. 27, sec. 50, p. 811; am. 1994, ch. 14, sec. 1, p. 21.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1031 - EXTENSION OF CREDIT.

23-1031. EXTENSION OF CREDIT. (1) No sale or delivery of beer shall be made to any licensed retailer, except for cash paid at the time of or prior to delivery thereof, or except as provided by electronic funds transfer in accordance with subsection (3) of this section, and in no event shall any brewer, wholesaler or dealer licensed in the state and engaged in the sale of beer for resale extend any credit on account of such beer to a licensed retailer, nor shall any licensed retailer accept or receive delivery of such beer except when payment therefor is made in cash at the time of or prior to delivery thereof, or by electronic funds transfer in accordance with subsection (3) of this section.
(2) The acceptance of a first party check from a licensed retailer by a brewer, wholesaler or dealer licensed in the state and engaged in the sale of beer for resale, or the use of a debit card by a licensed retailer, shall not be deemed an extension or acceptance of credit pursuant to this section.
(3) The acceptance and use of an electronic funds transfer shall not be deemed an extension or acceptance of credit pursuant to this section, provided such transfer is initiated and completed promptly and in no event completed later than five (5) business days following delivery of such beer. Any attempt by a licensed retailer to delay payment of an electronic funds transfer pursuant to this section for any period of time beyond the time set forth in this subsection, shall be deemed an acceptance of credit by the licensed retailer.
(4) Any extension or acceptance of credit in violation hereof shall constitute the giving and receiving of aid or assistance to or by a licensed retailer prohibited by the provisions of section 23-1033, Idaho Code.
History:
[23-1031, added 1961, ch. 299, sec. 5, p. 543; am. 1965, ch. 176, sec. 1, p. 362; am. 1999, ch. 206, sec. 2, p. 553; am. 2011, ch. 255, sec. 1, p. 699; am. 2013, ch. 288, sec. 1, p. 760.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1032 - FINANCIAL INTEREST IN DEALER OR WHOLESALER PROHIBITED.

23-1032. FINANCIAL INTEREST IN DEALER OR WHOLESALER PROHIBITED. (1) It shall be unlawful for any brewer, directly or indirectly, or through an affiliate, subsidiary, officer, director, agent or employee to have any financial interest in any licensed wholesaler’s or dealer’s business, or to own or control any real property upon which a licensed dealer or wholesaler conducts business, except:
(a) For a brewer licensed within the state of Idaho who produces fewer than thirty thousand (30,000) barrels of beer annually and is duly licensed as a wholesaler as provided in section 23-1003(f), Idaho Code;
(b) If a licensed dealer or wholesaler has been granted distribution rights by a brewer for a brand in a designated territory and is unable to service the designated sales territory for reasons that are not the result of an action by the brewer, or in the event of a termination, cancellation, discontinuance or failure to renew a distribution agreement between a brewer and a licensed dealer or wholesaler for reasons set forth in section 23-1105, Idaho Code, such as insolvency, loss of licensure or fraud and in accordance with the provisions of chapter 11, title 23, Idaho Code, a brewer shall be allowed to appoint a temporary licensed dealer or wholesaler to service the brewer’s brands in the designated sales territory and, for a period not to exceed five (5) years, to have any financial interest in the temporary licensed dealer or wholesaler; or
(c) If a licensed dealer or wholesaler is voluntarily selling its distribution rights, a brewer whose brand distribution rights are being transferred may have any financial interest in the purchasing distributor for a period not to exceed five (5) years to assist in financing the purchase.
(2) It shall be unlawful for any licensed wholesaler or dealer, directly or indirectly, or through an affiliate, subsidiary, officer, director, agent or employee to have any financial interest in a licensed brewer’s business, or to own or control any real property upon which a licensed brewer conducts business. This section shall not apply to a noncontrolling de minimis interest in stock held in a publicly traded company including mutual funds.
History:
[23-1032, added 2014, ch. 244, sec. 1, p. 613.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1033A - PROHIBITION OF CERTAIN TRADE PRACTICES BETWEEN BREWERS OR DEALERS AND WHOLESALERS.

23-1033A. PROHIBITION OF CERTAIN TRADE PRACTICES BETWEEN BREWERS OR DEALERS AND WHOLESALERS. (1) It shall be unlawful for any brewer or dealer, directly or indirectly, or through an affiliate, subsidiary, officer, director, agent or employee:
(a) To require that any wholesaler purchase any such beer or other distributed products from such person to the exclusion in whole or in part of beer or other products made or imported by other dealers or brewers;
(b) To discriminate in price, allowance, rebate, refund, commission, discount, or service between the wholesalers purchasing beer or other products from such brewer or dealer;
(c) To threaten any wholesaler with any discrimination prohibited under subsection (1)(b) of this section, with the purpose or effect of changing or maintaining resale prices of the wholesaler;
(d) To impose conditions or restrictions on a wholesaler not generally imposed on other wholesalers of such brewer.
(2) Nothing in this section shall be deemed to prohibit brewers or dealers from selecting their own customers in bona fide transactions not in restraint of trade, nor to prohibit a brewer, or any affiliate or subsidiary of such brewer, duly licensed as a wholesaler from selling and distributing beer or other products manufactured by such brewer at wholesale to the exclusion of beer or other products manufactured by any other brewers. The terms "wholesaler" and "wholesalers" as used in this section shall mean a wholesaler or wholesalers licensed and engaged as such in the sale and distribution of beer in the state of Idaho.
History:
[23-1033A, added 1977, ch. 148, sec. 1, p. 326; am. 2000, ch. 428, sec. 1, p. 1383.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1034 - SANITATION RULES FOR RETAILERS.

23-1034. SANITATION RULES FOR RETAILERS. Licensed retailers authorized to sell beer for consumption upon such licensee’s premises, shall keep their premises and all coils, cups, mugs, steins, glasses, and other utensils used in connection with the sale and dispensing of beer in a sanitary condition at all times, and shall comply with all rules issued by the department of health and welfare in the state of Idaho and applicable to the operation of the business of such licensed retailer.
History:
[I.C., sec. 23-1034, as added by 1961, ch. 299, sec. 5, p. 543; am. 1974, ch. 117, sec. 1, p. 1288; am. 1995, ch. 172, sec. 1, p. 654.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1035 - RETAILER’S SIGNS.

23-1035. RETAILER’S SIGNS. Signs indicating that beer is sold or dispensed on any particular premises shall be displayed only on the exterior portion of the building where the licensed retailer shall carry on his business of selling beer at retail or on property on which any such building is situated and which is owned or possessed by such retailer as a part of his business premises. No more than two (2) single-faced signs or one (1) double-faced sign indicating that beer is sold or dispensed on the premises shall be displayed on such building or property. No dimension of any such sign shall exceed sixty (60) inches and the area of each face of a double-faced and of each single-faced sign shall not exceed fifteen hundred (1,500) square inches measured in such manner as the director may by regulation prescribe. No such sign shall display or make reference to the name of any brewer or the trade name, trademark or label of any brand of beer.
History:
[I.C., sec. 23-1035, as added by 1961, ch. 299, sec. 5, p. 543; am. 1974, ch. 27, sec. 51, p. 811; am. 1994, ch. 14, sec. 9, p. 28.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1036 - TAP MARKERS.

23-1036. TAP MARKERS. Every faucet, spigot or other dispensing apparatus used on the premises of a licensed retailer for dispensing draught beer shall conspicuously indicate thereon the brand or trade name of the beer or the trademark of the manufacturer of the beer drawn therefrom.
History:
[I.C., sec. 23-1036, as added by 1961, ch. 299, sec. 5, p. 543.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1037 - DETERMINATION TO REVOKE, SUSPEND OR REFUSE RENEWAL OF LICENSE BY DIRECTOR — MONETARY PENALTY.

23-1037. DETERMINATION TO REVOKE, SUSPEND OR REFUSE RENEWAL OF LICENSE BY DIRECTOR — MONETARY PENALTY. (1) In the event of a conviction of any brewer manufacturing beer in this state or of any wholesaler or retailer licensed under the provisions of this chapter, of any law of the state of Idaho, or of the United States, regulating, governing or prohibiting the sale, manufacture, transportation or possession of alcoholic beverages or intoxicating liquor, or if the director shall determine that any such licensee has violated any of the provisions of this chapter or any regulation of the director promulgated under the authority of this chapter, the director may, in his discretion, and in addition to any other penalty imposed, determine to revoke the license of any such licensee, to suspend the same for a period not in excess of six (6) months, or to refuse to grant a renewal of such license after the date of its expiration.
(2) When the director determines to suspend such license, the affected licensee may petition the director prior to the effective date of the suspension requesting that a monetary payment be allowed in lieu of the license suspension. If the director determines such payment to be consistent with the purpose of the laws of the state of Idaho and is in the public interest, he shall establish a monetary payment in an amount not to exceed five thousand dollars ($5,000). The licensee may reject the payment amount determined by the director, and instead be subject to the suspension provisions of subsection (1) of this section. Upon payment of the amount established, the director shall cancel the suspension period. The director shall cause any payment to be paid to the treasurer of the state of Idaho for credit to the state’s general account in the state operating fund.
(3) The suspension of a license for the sale of liquor or wine shall automatically result in the suspension of any license for the sale of beer held by the same licensee and issued for the same premises or location. Such additional suspension shall be equal in length to and run concurrently with the period of the suspension.
(4) When a proceeding to revoke or suspend a license has been or is about to be instituted, during the time a renewal application of such license is pending before the director, the director shall renew the license notwithstanding the pending proceedings, but such renewed license may be revoked or suspended without hearing if and when the previous license is, for any reason, revoked or suspended.
History:
[I.C., sec. 23-1037, as added by 1961, ch. 299, sec. 7, p. 543; am. 1974, ch. 27, sec. 52, p. 811; am. 1979, ch. 295, sec. 1, p. 778; am. 1981, ch. 199, sec. 2, p. 352; am. 1991, ch. 50, sec. 2, p. 92; am. 1993, ch. 347, sec. 2, p. 1291.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1037A - LICENSES — SUSPENSION OR REVOCATION FOR VIOLATION OF OBSCENITY LAWS.

23-1037A. LICENSES — SUSPENSION OR REVOCATION FOR VIOLATION OF OBSCENITY LAWS. In the event of a conviction for a violation of chapter 41, title 18, Idaho Code, relating to obscenity, by any:
(1) licensee,
(2) agent of licensee or
(3) employee of licensee if such licensee knew or should have known in the exercise of reasonable diligence that said employee was violating the provisions of chapter 41, title 18, Idaho Code, and if the violation committed by any of the above occurred on, or in connection with, premises licensed under this act by such licensee, the director shall suspend the license of such licensee for a period of six (6) months. If such licensee, or his agent or employee, has previously been convicted of a violation of chapter 41, title 18, Idaho Code, relating to obscenity, which violation occurred on, or in connection with, the premises licensed under this act by such licensee, the director shall revoke the license of such licensee.
History:
[I.C., sec. 23-1037A, as added by 1973, ch. 305, sec. 20, p. 655; am. 1974, ch. 27, sec. 53, p. 811.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1038 - SUSPENSION, REVOCATION, AND REFUSAL TO RENEW LICENSES.

23-1038. SUSPENSION, REVOCATION, AND REFUSAL TO RENEW LICENSES. When the director shall make a determination to revoke, to suspend, or to refuse grant of renewal of license issued pursuant to the terms of this act for any violation of or failure to comply with the provisions of this act or rules promulgated by the director or the state tax commission pursuant to the terms and conditions of this act, procedures for the suspension, revocation or refusal to grant or renew licenses issued under this act shall be in accordance with the provisions of chapter 52, title 67, Idaho Code. Any hearing alleging a violation of chapter 9 or 10, title 23, Idaho Code, shall be conducted in the county where the alleged violation occurred.
History:
[23-1038, added 1980, ch. 220, sec. 2, p. 493; am. 2001, ch. 95, sec. 1, p. 243.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1042 - PROCEDURE FOR OTHER LICENSING AUTHORITIES.

23-1042. PROCEDURE FOR OTHER LICENSING AUTHORITIES. The licensing authority of any county or incorporated municipality shall have and exercise the same powers to revoke, suspend, or to refuse grant of renewal of a retailer’s license issued or issuable by it, as are granted to the director in this act. The determination of any such licensing authority to revoke, suspend, or to refuse grant of renewal of any retailer’s license, shall be upon the same grounds referred to in section 23-1037, Idaho Code, and may also be upon the grounds that the licensee has violated an ordinance validly enacted by it and regulating, governing or prohibiting the sale, manufacture, transportation or possession of alcoholic beverages or intoxicating liquor, and notice thereof shall be given, and proceedings to contest said determination allowed, as provided for in this act with respect to state licenses issued by the director. The order to show cause shall be addressed to the county commissioners of the county or to the city council of the incorporated municipality, requiring the commissioners or councilmen, or such representative as they may designate, to appear in response thereto. Service of the order to show cause and petition shall be ordered to be made upon the chairman of the board of county commissioners or mayor or city manager of the municipality, as the case may be.
History:
[I.C., sec. 23-1042, as added by 1961, ch. 299, sec. 7, p. 543; am. 1974, ch. 27, sec. 58, p. 811.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1043 - NOTICE OF REVOCATION OR SUSPENSION TO OTHER LICENSING AUTHORITIES.

23-1043. NOTICE OF REVOCATION OR SUSPENSION TO OTHER LICENSING AUTHORITIES. When revocation or suspension of any licensed retailer’s license shall become effective by reason of the determination made by any licensing authority as in this act provided for, or by reason of the judgment of any district court on proceedings to contest any such determination, the licensing authority which made such determination shall forthwith give notice thereof in writing to the other licensing authorities from whom license was obtained by the licensee involved.
History:
[I.C., sec. 23-1043, as added by 1961, ch. 299, sec. 7, p. 543.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1044 - PROCEDURE ON REFUSAL TO GRANT LICENSE.

23-1044. PROCEDURE ON REFUSAL TO GRANT LICENSE. Upon a determination by the director or by the licensing authority of any county or municipality to refuse issuance of a license to an applicant upon original application, the same procedure herein provided for in cases involving refusal to grant renewal of license for notice and for proceedings to contest determination shall govern insofar as the same are applicable, except that issuance of temporary license shall not be required pending proceedings to contest determination.
History:
[I.C., sec. 23-1044, as added by 1961, ch. 299, sec. 7, p. 543; am. 1974, ch. 27, sec. 59, p. 811.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1045 - APPEALS.

23-1045. APPEALS. An appeal from the judgment of any district court on proceedings to contest a determination may be taken by either party to such proceedings to the Supreme Court of this state, in the same manner as in other civil actions. If the judgment of the district court shall affirm the determination of any licensing authority revoking or suspending license or refusing grant of renewal of license, further stay of the effective date of revocation or suspension or further continuance of temporary license pending appeal may be allowed if, in the discretion of the court and upon application therefor, order for such further stay or continuance shall be entered by the court.
History:
[I.C., sec. 23-1045, as added by 1961, ch. 299, sec. 7, p. 543.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1046 - SEPARABILITY.

23-1046. SEPARABILITY. If any portion of this act shall be declared unconstitutional, it shall not invalidate the other provisions thereof.
History:
[I.C., sec. 23-1046, as added by 1961, ch. 299, sec. 8, p. 543.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1047 - PAYMENT OF TAXES ON BEER.

23-1047. PAYMENT OF TAXES ON BEER. Each person liable for payment of taxes on beer, as provided for in section 23-1048, Idaho Code, shall, on or before the 15th day of each month, or for such other period as the state tax commission may prescribe by rule, file a written report with the state tax commission showing all sales of beer for resale or consumption in this state made by such person during the calendar month or other period immediately preceding. Taxes payable with respect to such sales shall be paid by the person liable therefor at the time such report is filed.
History:
[I.C., sec. 23-1047, as added by 1961, ch. 259, sec. 1, p. 430; am. 2009, ch. 4, sec. 1, p. 6.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 10 - BEER › Section 23-1048 - LIABILITY FOR PAYMENT OF TAXES ON BEER.

23-1048. LIABILITY FOR PAYMENT OF TAXES ON BEER. (1) Every sale of beer to a retailer licensed in this state or to a consumer in this state shall constitute a sale of beer for resale or consumption in this state and such wholesaler shall be liable for the payment of taxes thereon. Sales of beer by such wholesaler for the purpose of and resulting in export of such beer from this state for resale outside this state shall be exempt from the taxes on beer imposed by this state.
(2) Every sale of beer by a wholesaler licensed in this state shall constitute a sale of beer for resale or consumption in this state, whether said sale is made within or without this state, and such wholesaler shall be liable for the payment of taxes thereon, except as provided in subsection (1) hereof.
History:
[I.C., sec. 23-1048, as added by 1961, ch. 259, sec. 1, p. 430; am. 1974, ch. 27, sec. 60, p. 811; am. 1980, ch. 239, sec. 2, p. 556.]