reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 13 - COUNTY OPTION KITCHEN AND TABLE WINE ACT › Section 23-1320 - SECURITY FOR TAX.

23-1320. SECURITY FOR TAX. The state tax commission, whenever it deems it necessary to insure compliance with this act, may require any person subject to this act to place with it such security as it may determine. The amount of the necessary security shall be fixed by the state tax commission but, except as provided hereafter, shall not be greater than three (3) times the estimated average monthly amount payable by such persons pursuant to this act. In the case of persons habitually delinquent in their obligations under this act, the amount of the security shall not be greater than five (5) times the estimated average monthly amount payable by such persons pursuant to this act. The amount of the security may be increased or decreased by the state tax commission at any time, subject to the limitations set forth herein.
The state tax commission may sell the security at public auction or, in the case of security in the form of bearer bonds issued by the United States or the state of Idaho which have a prevailing market price, at a private sale at a price not lower than the prevailing market price if it becomes necessary to make such sale in order to recover any tax, interest or penalties due on any amount required to be collected. Notice of the sale must be given to the person who deposited the security at least ten (10) days before the sale. Such notice may be given personally or by mail addressed to the person at the address furnished to the state tax commission and as it appears in the records of the state tax commission. Upon such sale, any surplus above the amounts due shall be returned to the person who placed the security.
History:
[23-1320, added 1988, ch. 182, sec. 4, p. 320.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 13 - COUNTY OPTION KITCHEN AND TABLE WINE ACT › Section 23-1322 - MONTHLY REPORTS OF SALES — PAYMENT OF EXCISE TAX WITH REPORT.

23-1322. MONTHLY REPORTS OF SALES — PAYMENT OF EXCISE TAX WITH REPORT. Each person liable for the payment of taxes on wine as provided for in section 23-1319, Idaho Code, shall, on or before the fifteenth day of each month, or for such other period as the state tax commission may prescribe by rule, file a written report with the state tax commission showing all sales of wine for resale or consumption in this state made by such person during the calendar month or other period immediately preceding. Taxes payable with respect to such sale shall be paid by the person liable therefor at the time such report is filed.
History:
[23-1322, added 1971, ch. 156, sec. 22, p. 760; am. 2009, ch. 4, sec. 2, p. 6.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 13 - COUNTY OPTION KITCHEN AND TABLE WINE ACT › Section 23-1322A - COLLECTION AND ENFORCEMENT.

23-1322A. COLLECTION AND ENFORCEMENT. The collection and enforcement procedures provided by the Idaho income tax act, sections 63-3042 through 63-3065A, inclusive, and sections 63-3068 and 63-3075, Idaho Code, shall apply and be available to the state tax commission for enforcement and collection of the tax imposed by this chapter, and said sections shall, for this purpose, be considered part of this act. Any reference to taxable year in the income tax act shall, for the purposes of this act, be considered a taxable period.
History:
[23-1322A, added 1980, ch. 239, sec. 6, p. 558; am. 1984, ch. 105, sec. 4, p. 246; am. 2007, ch. 10, sec. 10, p. 20.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 13 - COUNTY OPTION KITCHEN AND TABLE WINE ACT › Section 23-1323 - RULES AND REGULATIONS CONCERNING EXCISE TAX — POWER OF TAX COMMISSION.

23-1323. RULES AND REGULATIONS CONCERNING EXCISE TAX — POWER OF TAX COMMISSION. The state tax commission shall be, and it is hereby authorized to adopt and promulgate such rules and regulations as it may be necessary to assure payment of taxes on wine, including but not limited to, rules and regulations prescribing the form and content of monthly reports required; requiring the persons liable for payment of taxes on wine to show on such monthly reports information concerning their inventories, purchases, sales and shipments of wine, requiring monthly informational reports from distributors concerning their inventories, purchases, sales and shipments of wine; requiring reports from carriers, both public and private, concerning deliveries of wine made in this state by such carriers, and shipments of wine made by such carriers out of this state; requiring distributors and persons liable for payment of taxes on wine to maintain complete and accurate books, records and accounts on transactions involving wine; and establishing grounds upon which delay in filing reports and paying taxes imposed upon wine may be considered justifiable and without fault on the part of the person liable therefor.
History:
[23-1323, added 1971, ch. 156, sec. 23, p. 760.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 13 - COUNTY OPTION KITCHEN AND TABLE WINE ACT › Section 23-1324 - LICENSE AND TRANSFER FEES — ALCOHOL BEVERAGE CONTROL FUND.

23-1324. LICENSE AND TRANSFER FEES — ALCOHOL BEVERAGE CONTROL FUND. All moneys from license and transfer fees that are collected by the director pursuant to the provisions of this chapter shall be paid over to the state treasurer for deposit in the alcohol beverage control fund created in section 23-940, Idaho Code. All other moneys collected by the director pursuant to the provisions of this chapter shall be paid over to the state treasurer for deposit in the general fund.
History:
[23-1324, added 2012, ch. 160, sec. 3, p. 436.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 13 - COUNTY OPTION KITCHEN AND TABLE WINE ACT › Section 23-1325A - SERVICES PERMITTED INCIDENT TO STOCKING, ROTATION AND RESTOCKING OF WINE.

23-1325A. SERVICES PERMITTED INCIDENT TO STOCKING, ROTATION AND RESTOCKING OF WINE. For the purposes of section 23-1325(4), Idaho Code, a distributor may, with the permission of the retailer, and in accordance with space allocations directed by the retailer, set, remove, replace, reset or relocate all wine upon the shelves of the retailer. Labor performed or schematics prepared by the distributor relating to conduct authorized pursuant to the provisions of this section shall not constitute prohibited conduct or unlawful aid to a retailer.
History:
[23-1325A, added 1984, ch. 232, sec. 2, p. 562; am. 2020, ch. 82, sec. 14, p. 189.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 13 - COUNTY OPTION KITCHEN AND TABLE WINE ACT › Section 23-1325B - SERVICES PERMITTED INCIDENT TO WINE DISPENSING SYSTEMS — CERTAIN ADVERTISING MATERIALS PERMITTED.

23-1325B. SERVICES PERMITTED INCIDENT TO WINE DISPENSING SYSTEMS — CERTAIN ADVERTISING MATERIALS PERMITTED. (1) To the extent permitted by federal law and regulations adopted pursuant thereto, a distributor may furnish, install and perform repair services on wine dispensing systems on the premises of a retailer. The distributor shall collect from the retailer the reasonable value thereof, which value shall not be less than the cost of such system or service to the distributor. Dispensing systems may include, but shall not be limited to, tapping devices, spigots, valves, hose, washers, couplings, clamps, air hose, vents, faucets and pumping devices and CO2 regulators. A distributor may perform cleaning and sanitary services relating to the dispensing system without charge.
(2) Notwithstanding the provisions of section 23-1325, Idaho Code, a distributor may furnish to the retailer, without charge, recipes and brochures explaining wine and other products.
(3) Labor performed or equipment, brochures or recipes furnished pursuant to the provisions of this section shall not constitute prohibited conduct or unlawful aid to a retailer.
History:
[23-1325B, added 1990, ch. 406, sec. 1, p. 1132.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 13 - COUNTY OPTION KITCHEN AND TABLE WINE ACT › Section 23-1326 - CREDIT SALES TO RETAILERS PROHIBITED.

23-1326. CREDIT SALES TO RETAILERS PROHIBITED. (1) No sale or delivery of wine shall be made to any retailer, except for cash paid at the time of or prior to delivery thereof, or except as provided by electronic funds transfer in accordance with subsection (3) of this section, and in no event shall any distributor extend any credit on account of such wine to a retailer, nor shall any retailer accept or receive delivery of such wine except when payment therefor is made in cash at the time of or prior to delivery thereof, or by electronic funds transfer in accordance with subsection (3) of this section.
(2) The acceptance of a first party check from a retailer by a distributor, or the use of a debit card by a licensed retailer, shall not be deemed an extension of or acceptance of credit pursuant to this section.
(3) The acceptance and use of an electronic funds transfer shall not be deemed an extension or acceptance of credit pursuant to this section, provided such transfer is initiated and completed promptly and in no event completed later than five (5) business days following delivery of such wine. Any attempt by a licensed retailer to delay payment of an electronic funds transfer pursuant to this section for any period of time beyond the time set forth in this subsection, shall be deemed an acceptance of credit by the licensed retailer.
(4) Any extension or acceptance of credit in violation of the provisions of this section shall constitute the giving and receiving of aid or assistance to or by a licensed retailer prohibited by the provisions of section 23-1325, Idaho Code.
History:
[23-1326, added 1971, ch. 156, sec. 26, p. 760; am. 1999, ch. 206, sec. 3, p. 554; am. 2011, ch. 255, sec. 2, p. 700; am. 2013, ch. 288, sec. 2, p. 761.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 13 - COUNTY OPTION KITCHEN AND TABLE WINE ACT › Section 23-1327 - SALE OF WINE IN ORIGINAL CONTAINER AND SIZE OF CONTAINERS.

23-1327. SALE OF WINE IN ORIGINAL CONTAINER AND SIZE OF CONTAINERS. No distributor shall purchase, receive, or sell any wine except in the original container as prepared for the market by the importer or manufacturer. No importer or distributor shall, without permission of the director, adopt or use any container for wine that will contain in excess of fifteen (15) gallons of wine.
History:
[23-1327, added 1971, ch. 156, sec. 27, p. 760; am. 1974, ch. 27, sec. 71, p. 811; am. 2005, ch. 32, sec. 1, p. 147; am. 2013, ch. 142, sec. 1, p. 339.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 13 - COUNTY OPTION KITCHEN AND TABLE WINE ACT › Section 23-1328 - RETAILER’S NAME ON LABELS PROHIBITED — DISCRIMINATION AMONG RETAILERS PROHIBITED.

23-1328. RETAILER’S NAME ON LABELS PROHIBITED — DISCRIMINATION AMONG RETAILERS PROHIBITED. No label on a wine container shall be used or placed thereon which indicates that a retailer is the producer or the bottler thereof or which contains the name of a retailer in any manner, except in the case of wineries licensed under this chapter, in which case such winery may sell a product processed and bottled by or for that winery upon satisfaction of all terms and conditions of this chapter relating to licensure for retail sale of wine. No distributor shall restrict the sale of wine for which the distributor has filed a price schedule in accordance with the provisions of this act to one retailer or to retail premises under common ownership or associated together in, by, or through a buying organization or agency which represents a common identity to the public; nor shall such distributor refuse to sell or distribute wine to a retailer on terms and conditions different from those terms and conditions upon which said distributor sells or distributes wine to other retailers.
History:
[23-1328, added 1971, ch. 156, sec. 28, p. 760; am. 1984, ch. 221, sec. 11, p. 537; am. 1987, ch. 169, sec. 6, p. 333; am. 1993, ch. 333, sec. 3, p. 1233.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 13 - COUNTY OPTION KITCHEN AND TABLE WINE ACT › Section 23-1329 - SCHEDULES OF PRICES — FILING BY IMPORTERS AND DISTRIBUTORS — MODIFICATION OR WITHDRAWAL.

23-1329. SCHEDULES OF PRICES — FILING BY IMPORTERS AND DISTRIBUTORS — MODIFICATION OR WITHDRAWAL. Each importer and distributor shall file with the director a written schedule of prices to be charged by such person for wine imported into or sold within this state for resale therein. Such schedule of prices shall be uniform for buyers in the same trade area within this state, and shall set forth the following:
(a) All brands and types of products offered for sale;
(b) The delivered sale price thereof in the several trade areas of the state; and
(c) Any allowance granted for returned containers.
Such schedule of prices so filed may be changed or modified from time to time by filing with the director a new schedule of prices, not less than ten (10) days prior to the last day of the filing calendar month, becoming effective on the first day of the succeeding calendar month. Upon the filing of said new prices, the director shall give notice thereof to all importers and distributors. Such schedule of prices so filed may not be withdrawn prior to its effective date, and upon becoming effective shall remain in effect as follows:
(i) an increase in prices, for a minimum period of thirty (30) days;
(ii) a reduction in prices for a minimum period of six (6) months. Upon the filing of the original schedule of prices, and after the effective date of any schedule of prices amendatory thereto, all prices therein stated shall be strictly adhered to. Amendatory schedules shall recite the information required in the above subsections (a), (b) and (c).
History:
[23-1329, added 1971, ch. 156, sec. 29, p. 760; am. 1974, ch. 27, sec. 72, p. 811; am. 1975, ch. 151, sec. 6, p. 383.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 13 - COUNTY OPTION KITCHEN AND TABLE WINE ACT › Section 23-1330 - RULES AND REGULATIONS BY DIRECTOR.

23-1330. RULES AND REGULATIONS BY DIRECTOR. For the purpose of the administration of this act, the director shall make, promulgate, and publish such rules and regulations as the director may deem necessary for carrying out the provisions of this act and for the orderly and efficient administration hereof, and except as may be limited or prohibited by law and the provisions of this act, such rules and regulations so made and promulgated shall have the force of statute. All rules and regulations adopted pursuant to the terms of this act shall be adopted in accordance with the [and] subject to the provisions of chapter 52, title 67, Idaho Code.
History:
[23-1330, added 1971, ch. 156, sec. 30, p. 760; am. 1974, ch. 27, sec. 73, p. 811.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 13 - COUNTY OPTION KITCHEN AND TABLE WINE ACT › Section 23-1332 - SALE BY BY-THE-DRINK LIQUOR LICENSEES.

23-1332. SALE BY BY-THE-DRINK LIQUOR LICENSEES. Retailers holding valid licenses for the retail sale of liquor by the drink pursuant to chapter 9, title 23, Idaho Code, may sell wine for consumption on or off the licensed premises. Persons holding a valid wine by the drink license may sell wine for consumption on the premises only. Retailers who do not possess a valid license for the retail sale of liquor by the drink, or retailers who do not have a valid wine by the drink license, shall not permit consumption of wine on the licensed premises and may sell the wine only in its original unbroken container. Provided however, that wineries whose business does not include the sale of wine by the drink may provide free single-serving samples of two (2) ounces or less to customers for the purpose of sales promotion upon the winery premises or upon the premises of a retail wine outlet which retails exclusively the wine product of that winery and which is wholly owned and operated thereby. Wine sold for consumption or dispensed on the licensed premises may be sold, consumed or dispensed only during hours that beer can be sold, consumed or dispensed pursuant to the laws of this state. Wine sold by the retailer for consumption off the premises of the retailer may be sold only during the hours that beer may be sold pursuant to the laws of this state.
History:
[23-1332, added 1971, ch. 156, sec. 32, p. 760; am. 1973, ch. 144, sec. 9, p. 281; am. 1983, ch. 165, sec. 1, p. 471; am. 1987, ch. 169, sec. 7, p. 333.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 13 - COUNTY OPTION KITCHEN AND TABLE WINE ACT › Section 23-1333 - OPEN OR UNSEALED CONTAINERS OF WINE IN MOTOR VEHICLES ON HIGHWAYS PROHIBITED.

23-1333. OPEN OR UNSEALED CONTAINERS OF WINE IN MOTOR VEHICLES ON HIGHWAYS PROHIBITED. No person may, while operating or riding in or upon a motor vehicle upon a public highway of this state, have in his possession any wine in an open or unsealed container of any kind.
History:
[23-1333, added 1971, ch. 156, sec. 33, p. 760.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 13 - COUNTY OPTION KITCHEN AND TABLE WINE ACT › Section 23-1334 - MINORS — AUTHORIZATION TO DELIVER.

23-1334. MINORS — AUTHORIZATION TO DELIVER. (a) The prohibitions on possession of wine by any person under the age of twenty-one (21) years do not apply to possession by a person under the age of twenty-one (21) years making a delivery in pursuance of the order of his parent or in pursuance of his employment, or when such person under the age of twenty-one (21) years is in a private residence accompanied by his parent or guardian and with such parent’s or guardian’s consent.
(b) Any person who shall, by any means, represent to any retailer or distributor or the agent or employee of such retailer or distributor, that any other person is twenty-one (21) years or more of age, when in fact such other person is under the age of twenty-one (21) years, for the purpose of entering licensed premises or inducing such retailer or distributor, or the agent or employee of such retailer or distributor, to sell, serve, or dispense wine to such other person shall be guilty of a misdemeanor.
History:
[23-1334, added 1971, ch. 156, sec. 34, p. 760; am. 1972, ch. 331, sec. 1, p. 833; am. 1976, ch. 292, sec. 1, p. 1010; am. 1987, ch. 212, sec. 14, p. 453; am. 1991, ch. 269, sec. 4, p. 661; am. 1994, ch. 60, sec. 1, p. 119; am. 1999, ch. 59, sec. 11, p. 155.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 13 - COUNTY OPTION KITCHEN AND TABLE WINE ACT › Section 23-1335 - VIOLATIONS OF ACT MISDEMEANORS.

23-1335. VIOLATIONS OF ACT MISDEMEANORS. Any person who violates any of the provisions of this act or fails to comply with any of the terms and conditions of this act shall be guilty of a misdemeanor.
History:
[23-1335, added 1971, ch. 156, sec. 35, p. 760.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 13 - COUNTY OPTION KITCHEN AND TABLE WINE ACT › Section 23-1336 - WINE SOLD OR DONATED TO PERSONS OR ASSOCIATIONS FOR BENEVOLENT, CHARITABLE OR PUBLIC PURPOSES.

23-1336. WINE SOLD OR DONATED TO PERSONS OR ASSOCIATIONS FOR BENEVOLENT, CHARITABLE OR PUBLIC PURPOSES. In the event that wine has been sold or donated to a person or association which desires to dispense or sell such wine and to donate the proceeds from the sale or dispensing thereof for benevolent, charitable or public purposes, the director may issue a permit authorizing such sale or dispensing of wine by such person or association if the director is satisfied that said proceeds, after deducting reasonable expenses incurred in conjunction with the sale or dispensing thereof, will be donated for such benevolent, charitable or public purpose. The director shall prescribe the form of the application for such permit, which application may require disclosure of names of sponsors; donors, quantities and types of wine products donated; the retailer, if any, designated by such person or association to receive, store or dispense donated wine; the dates and hours during which the permit is to be effective, not to exceed three (3) consecutive days; and such other information as the director may require. The director shall collect a twenty dollar ($20.00) fee for the event for which the permit is to be effective. The director may require that the applicant submit a report to the director after the benevolent, charitable or public purpose event showing the disposition of funds from the event. Should the director determine that the applicant or its representatives is violating, or has in the past violated, any law pertaining to the dispensing or sale of wine by a licensed retailer relating to hours of sale, or relating to dispensing wine to underaged persons, or has failed in the past to submit such information as may have been requested by the director, such permit may be summarily suspended by the director, prior to hearing, or may be denied pending a hearing. A licensed retailer may, on behalf of the permittee, receive or store wine to be used at the event, and may dispense such wine to attendees of the benevolent, charitable or public purpose event for which the permit has been issued.
History:
[23-1336, added 1991, ch. 162, sec. 2, p. 390; am. 1994, ch. 14, sec. 2, p. 21.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 13 - COUNTY OPTION KITCHEN AND TABLE WINE ACT › Section 23-1337 - ALCOHOL BEVERAGE CATERING PERMIT.

23-1337. ALCOHOL BEVERAGE CATERING PERMIT. Any person who is the holder of an Idaho winery license shall be eligible to obtain an alcohol beverage catering permit. Two (2) or more wineries may use a winery’s licensed premises to host an event under an alcohol beverage catering permit to serve and sell their respective wines at that event.
History:
[23-1337, added 1992, ch. 235, sec. 1, p. 703; am. 1999, ch. 58, sec. 6, p. 150; am. 2016, ch. 181, sec. 1, p. 491.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 13 - COUNTY OPTION KITCHEN AND TABLE WINE ACT › Section 23-1338 - WINE PRODUCT SERVICE AND SALES — SPONSORED EVENTS.

23-1338. WINE PRODUCT SERVICE AND SALES — SPONSORED EVENTS. (1) Any person who is the holder of an Idaho winery license is authorized to serve or sell any wine product of that winery at events of seven (7) days’ duration or less sponsored by any group, organization, person or political subdivision. Each participating winery must make its own arrangements with the sponsoring group, organization, person or political subdivision. Service and sales under the authority of this section may occur only in counties that permit the sale of wine in accordance with section 23-1304, Idaho Code, and any service or sales under the provisions of this section must comply with all applicable limitations and requirements regarding day and hour of sale, age and condition of purchasers and all other requirements of any regulatory ordinance adopted pursuant to the authority of section 23-1318, Idaho Code, by the city or county in whose jurisdiction the event is to take place.
(2) At least seven (7) days prior to the date on which the sponsored event is to commence, the winery shall notify by electronic mail the Idaho state police, alcohol beverage control bureau, and the chief of police of the incorporated city in which the sponsored event will be held, if the event is to be held in an incorporated city, or the sheriff of the county in which the sponsored event is to be held, if the event will not be held in an incorporated city, that wine will be served or sold by the winery at the sponsored event. The notice shall provide the following information:
(a) The name and address of the winery and the number of its state winery license;
(b) The dates and hours that wine will be served or sold;
(c) The name of the group, organization, person or political subdivision sponsoring the event; and
(d) The address at which the wine will be served or sold, and if a public building, the rooms in which the wine will be served or sold.
(3) Within three (3) business days after receiving the notice, the alcohol beverage control bureau shall respond to the winery. An approval by the alcohol beverage control bureau shall serve as authorization for the event, and shall be displayed during all hours that wine is served or sold at the sponsored event.
(4) Neither the winery nor any person owning an interest in the winery, nor any employee, contractor or business associate of the winery shall qualify as an event sponsor under the provisions of this section.
(5) Neither a city nor a county license or permit is required for the activities authorized pursuant to the provisions of this section.
History:
[23-1338, added 2007, ch. 289, sec. 3, p. 824.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 14 - HOSPITALITY CABINETS › Section 23-1401 - DEFINITIONS.

23-1401. DEFINITIONS. As used in this chapter:
(1) "Alcoholic beverages" means such beverages as defined in section 23-105, Idaho Code, as alcoholic liquor, including alcohol, spirits, wine or any combination thereof, and beverages defined in section 23-1001, Idaho Code, as beer.
(2) "Legal drinking age" means the age when a person is legally allowed to purchase or consume any alcoholic beverage, as provided in section 23-615, Idaho Code.
(3) "Hospitality cabinet" means a closed container, either refrigerated in whole or in part or nonrefrigerated, where access to the interior portion containing alcoholic beverages are contained is restricted by means of a locking device which requires the use of a key, magnetic card, or similar device.
(4) "Qualified facility" means a hotel, inn or motel which is licensed to sell alcoholic beverages for on-premises consumption and which contains guest room accommodations. It shall also include condominiums owned or managed by an otherwise qualified facility.
(5) "Qualified registered guest" means each person of legal drinking age who signs the guest register of a qualified facility or takes some other equivalent action for the purpose of registering as a guest of such qualified facility.
History:
[23-1401, added 1989, ch. 208, sec. 1, p. 511; am. 1999, ch. 59, sec. 12, p. 155.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 14 - HOSPITALITY CABINETS › Section 23-1402 - HOSPITALITY CABINET SALES.

23-1402. HOSPITALITY CABINET SALES. Notwithstanding any other statute, any qualified facility, which is licensed to sell any alcoholic beverage on its premises, may also sell such beverages in sealed containers in individual portions to its qualified registered guests by means of a hospitality cabinet located in the rooms of these qualified registered guests, provided all conditions of this chapter are met.
History:
[23-1402, added 1989, ch. 208, sec. 1, p. 511.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 14 - HOSPITALITY CABINETS › Section 23-1403 - HOSPITALITY CABINET CONTENTS.

23-1403. HOSPITALITY CABINET CONTENTS. (1) The type of alcoholic beverages contained in any hospitality cabinet of any qualified facility shall be limited to those beverages licensed for sale on such premises.
(2) Alcoholic beverage container sizes shall conform as follows:
(a) Distilled spirits, "miniature" bottles of fifty (50) milliliters or less,
(b) Wine, one-half (1/2) bottles, splits or less, and
(c) Beer, twelve (12) ounces or less.
(3) The hospitality cabinet shall contain no more than thirty (30) individual portions of alcoholic beverages at any one time.
History:
[23-1403, added 1989, ch. 208, sec. 1, p. 511.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 14 - HOSPITALITY CABINETS › Section 23-1404 - HOSPITALITY CABINET.

23-1404. HOSPITALITY CABINET. A hospitality cabinet may be part of another furniture unit or device, whether refrigerated in whole or in part or nonrefrigerated, from which nonalcoholic beverages or food may be purchased by the guests in qualified facility guest rooms. However, in that event, the portion of the hospitality cabinet or similar device in which alcoholic beverages are stored shall be a hospitality cabinet as defined in section 23-1401, Idaho Code.
History:
[23-1404, added 1989, ch. 208, sec. 1, p. 511.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 14 - HOSPITALITY CABINETS › Section 23-1405 - ACCESS RESTRICTIONS.

23-1405. ACCESS RESTRICTIONS. (1) Those portions of a hospitality cabinet containing alcoholic beverages must remain locked at all times when a guest room is unrented, except for taking inventory or restocking and replenishing the hospitality cabinet.
(2) Access to a hospitality cabinet in a particular guest room shall be provided, whether by furnishing a key, magnetic card or similar device, only to a qualified registered guest of legal drinking age, if any, registered to stay in the guest room.
(3) Before providing a key, magnetic card or similar device required to obtain access to the hospitality cabinet in a particular guest room to the qualified registered guest, the licensee shall verify that such qualified registered guest is of legal drinking age.
(4) A key, magnetic card or similar device required to obtain access to the hospitality cabinet in a particular guest room shall only be given to the qualified registered guest if requested by that registered guest and if such guest is not visibly or obviously intoxicated.
History:
[23-1405, added 1989, ch. 208, sec. 1, p. 512.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 14 - HOSPITALITY CABINETS › Section 23-1406 - STORAGE AND RESTOCKING.

23-1406. STORAGE AND RESTOCKING. (1) All alcoholic beverages, which are used to restock and replenish a facility’s hospitality cabinets, shall be kept locked in a separate, secure room or cabinet, except when the hospitality cabinets are being restocked and replenished.
(2) The hospitality cabinets can be restocked and replenished with alcoholic beverages only during those hours when liquor can be sold as provided in section 23-927, Idaho Code.
History:
[23-1406, added 1989, ch. 208, sec. 1, p. 512.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 14 - HOSPITALITY CABINETS › Section 23-1407 - COUNTY OPTION — RESOLUTION OF COUNTY COMMISSIONERS.

23-1407. COUNTY OPTION — RESOLUTION OF COUNTY COMMISSIONERS. There is hereby granted to the board of county commissioners of each of the several counties of the state the right and authority to disallow the use of hospitality cabinets, as defined in this chapter, within the borders of their respective counties. This right and authority may be exercised by the board of county commissioners by resolution, regularly adopted, which provides that hospitality cabinets, as defined in this chapter, shall be disallowed within the county. The resolution shall take effect three (3) months after receipt of certification thereof by the director of the Idaho state police and notification of qualified facilities within the county. Hospitality cabinets shall remain disallowed within the county so long as the resolution remains in effect.
History:
[23-1407, added 1989, ch. 208, sec. 1, p. 512; am. 2000, ch. 469, sec. 73, p. 1522.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 14 - HOSPITALITY CABINETS › Section 23-1408 - DIRECTOR TO PROMULGATE RULES.

23-1408. DIRECTOR TO PROMULGATE RULES. For the purpose of the administration of this chapter, the director of the Idaho state police shall promulgate and publish such rules as the director may deem necessary for carrying out the provisions of this chapter.
History:
[23-1408, added 1989, ch. 208, sec. 1, p. 512; am. 2000, ch. 469, sec. 74, p. 1522.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 14 - HOSPITALITY CABINETS › Section 23-1409 - SHORT TITLE.

23-1409. SHORT TITLE. This act shall be known as the "Hospitality Cabinet Act of 1989."
History:
[23-1409, added 1989, ch. 208, sec. 1, p. 512.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 1 - CONTROL OF SHEEP DISEASES › Section 25-126 - CREATION OF BOARD.

25-126. CREATION OF BOARD. The Idaho sheep and goat health board is hereby created within the department of agriculture, but its officers and employees shall not be subject to the administrative control of the director of the department of agriculture. The administrative officers and employees of the board shall be nonclassified employees. The board may contract with the director of the department of agriculture for administrative and/or veterinary services.
History:
[25-126, added 1951, ch. 250, sec. 1, p. 527; am. 1974, ch. 18, sec. 97, p. 364; am. 1985, ch. 63, sec. 1, p. 126; am. 2012, ch. 117, sec. 1, p. 321.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 1 - CONTROL OF SHEEP DISEASES › Section 25-127 - MEMBERS — APPOINTMENT, QUALIFICATIONS, SALARY — OATH.

25-127. MEMBERS — APPOINTMENT, QUALIFICATIONS, SALARY — OATH. The Idaho sheep and goat health board, hereinafter called the board, shall consist of five (5) members, consisting of experienced wool growers or goat raisers, or a combination of experienced wool growers and goat raisers, and no two (2) of whom shall be from the same county; said members shall be appointed by and serve at the pleasure of the governor. Members shall hold their offices for the term for which they are appointed and thereafter until their successors are duly appointed and qualified.
As vacancies occur upon the board, the Idaho wool growers association shall submit to the governor the names of two (2) persons qualified and suitable for appointment for each such vacancy from whom the governor shall make his appointment to fill such vacancies. The first board shall be appointed for the following terms: two (2) members shall be appointed to hold office until the first Monday of January 1952; two (2) members shall be appointed to hold office until the first Monday of January 1954; one (1) member shall be appointed to hold office until the first Monday of January 1956; and at the expiration of said dates for the members first appointed and until the expiration of terms thereafter, members shall be appointed to fill such vacancies for a term of six (6) years; and in case of any vacancy occurring in the office of a board member at any time other members shall be appointed, who in each instance shall hold office until the unexpired term of the member whom he is appointed to succeed. Each of said members, before entering upon the duties of his office, shall take and subscribe to the oath of office required by section 59-401, Idaho Code. The members of the board may be compensated as provided by section 59-509(d), Idaho Code. Said compensation may be paid from the Idaho sheep and goat health account in the same manner as other expenses are paid. Each member of said board shall be a qualified elector of the county from which he is chosen and must reside during his term of office within the state of Idaho. Said board must hold a meeting annually and at any other time if so requested by any member of the board. The Idaho sheep and goat health board may request the removal of a board member, with or without cause, by a majority vote. Upon receipt of the request, the governor may immediately withdraw the board member’s appointment.
History:
[25-127, added 1951, ch. 250, sec. 2, p. 527; am. 1971, ch. 136, sec. 12, p. 522; am. 1980, ch. 247, sec. 21, p. 597; am. 1985, ch. 63, sec. 2, p. 126; am. 1997, ch. 116, sec. 1, p. 290; am. 1998, ch. 205, sec. 1, p. 726; am. 2012, ch. 117, sec. 2, p. 321; am. 2013, ch. 91, sec. 1, p. 223.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 1 - CONTROL OF SHEEP DISEASES › Section 25-128 - POWERS AND DUTIES OF THE IDAHO SHEEP AND GOAT HEALTH BOARD.

25-128. POWERS AND DUTIES OF THE IDAHO SHEEP AND GOAT HEALTH BOARD. The board shall have the authority to perform all those duties and powers necessary for the prevention, control, and eradication of diseases which may include the supervision of sheep, handling of sheep, shipping, transporting or moving of sheep, regulation of sheep, the making of rules concerning sheep and all other matters pertaining to sheep either in the state of Idaho or which may be brought into or shipped from the state of Idaho. The board shall also be responsible for all matters relating to the prevention, control, and eradication of diseases pertaining to goats within the state of Idaho with the provisions of this chapter also applying to goats. The board may also designate a portion of the assessment, as provided in sections 25-130 and 25-131, Idaho Code, to help carry on the work for the prevention and control of damage caused by predatory animals and other vertebrate pests.
History:
[25-128, added 1997, ch. 116, sec. 3, p. 292; am. 1998, ch. 205, sec. 2, p. 727; am. 2012, ch. 117, sec. 3, p. 322.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 1 - CONTROL OF SHEEP DISEASES › Section 25-130 - FIXING ASSESSMENT RATE — PAYMENT OF CLAIMS — REPORT — INSPECTION, QUARANTINE AND TREATMENT OF SHEEP — DISTRICTS.

25-130. FIXING ASSESSMENT RATE — PAYMENT OF CLAIMS — REPORT — INSPECTION, QUARANTINE AND TREATMENT OF SHEEP — DISTRICTS. The board shall meet and fix the rate of special assessment to be levied as provided for in this chapter. Any change in the rate of the special assessment shall be made to be effective at the start of a calendar year. The wolf control assessment provided for in section 25-131, Idaho Code, shall not be considered a special assessment subject to the effective date provisions of this section. The board shall audit all bills of salaries and expenses incurred in the enforcement of this chapter that may be payable from the Idaho sheep and goat health account which shall be audited, allowed and paid as other claims against the state. The board shall have power to order an inspection or quarantine of any sheep in the state of Idaho, whether diseased or exposed to disease, to compel dipping or other treatment of sheep, whether diseased or exposed to disease, at such times and as often as it deems necessary to ensure the suppression or eradication of any infectious or contagious disease of sheep and divide the state into such districts as may be necessary for the enforcement of this chapter.
History:
[25-130, added 1951, ch. 250, sec. 5, p. 527; am. 1969, ch. 156, sec. 2, p. 484; am. 1985, ch. 63, sec. 5, p. 130; am. 1986, ch. 3, sec. 1, p. 41; am. 1997, ch. 116, sec. 5, p. 293; am. 2012, ch. 117, sec. 5, p. 323; am. 2014, ch. 188, sec. 4, p. 503.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 1 - CONTROL OF SHEEP DISEASES › Section 25-132 - POWERS OF BOARD TO COLLECT AND CANCEL ASSESSMENT.

25-132. POWERS OF BOARD TO COLLECT AND CANCEL ASSESSMENT. The board shall have the power to prosecute in the name of the state of Idaho any suit or action for collection of the assessment provided for in section 25-131, Idaho Code. The board by order may cancel an assessment which has been delinquent for five (5) years or more, if it determines that: (1) The amount of the assessment is less than one dollar ($1.00) and that further collection effort or expense does not justify the collection thereof, or (2) the assessment is wholly uncollectible.
History:
[I.C., sec. 25-132, as added by 1969, ch. 156, sec. 5, p. 484; am. 1983, ch. 123, sec. 2, p. 319.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 1 - CONTROL OF SHEEP DISEASES › Section 25-133 - COOPERATION WITH FEDERAL AUTHORITIES.

25-133. COOPERATION WITH FEDERAL AUTHORITIES. The board is hereby authorized to accept on behalf of the state, the rules and regulations prepared by the secretary of agriculture of the United States under and in pursuance of section numbered three (3) (21 U.S.C. sec. 114) of the Act of Congress approved May 29, 1884, entitled "an act for the establishment of the bureau of animal industry, to prevent the exportation of diseased cattle, and to provide means for the suppression of and extirpation of pleuropneumonia and other contagious diseases among domestic animals," and to cooperate with the authorities of the United States in the enforcement of the provisions of said act; provided, however, that all action taken by the employees of the United States while acting under the provisions of this chapter as state inspectors of sheep and bucks, shall be exercised under the joint supervision of the board and the chief of the bureau of animal industry.
History:
[25-133, added 1951, ch. 250, sec. 8, p. 527.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 1 - CONTROL OF SHEEP DISEASES › Section 25-134 - ENTRANCE INTO STATE BY FEDERAL AUTHORITIES.

25-134. ENTRANCE INTO STATE BY FEDERAL AUTHORITIES. The board is authorized to give its consent that the bureau of animal industry of the United States and its employees shall come within the state of Idaho for the purposes connected with the exportation of diseased sheep and for the suppression and extirpation of any contagious, infectious or communicable disease among sheep.
History:
[25-134, added 1951, ch. 250, sec. 9, p. 527.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 1 - CONTROL OF SHEEP DISEASES › Section 25-135 - LOCAL ASSISTANCE FROM PEACE OFFICERS.

25-135. LOCAL ASSISTANCE FROM PEACE OFFICERS. All federal authorities authorized as aforesaid and the various inspectors of this state shall, subject to the approval of the board, have power to call upon any constable, sheriff or other peace officer in any county in this state to assist them in the discharge of their duties in carrying out the provisions of this act and the act of congress aforesaid, and it is hereby made the duty of said officers to assist them who so requested and the said federal inspectors shall have the same power to enforce the laws of this state as the various inspectors of the state when authorized as aforesaid and engaged in the discharge of their official duties; provided, that any person, company or corporation refusing to comply with the orders of such officer or federal inspector shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in section 25-137.
History:
[25-135, added 1951, ch. 250, sec. 10, p. 527.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 1 - CONTROL OF SHEEP DISEASES › Section 25-136 - APPROPRIATION FOR SALARY AND EXPENSES.

25-136. APPROPRIATION FOR SALARY AND EXPENSES. The salaries, expenses and maintenance of the said board and all other salaries and expenses not otherwise provided for, not heretofore provided for in this act, shall be paid out of the Idaho sheep and goat health account. The legislature may each year set aside from the total appropriation which it shall make for the care, handling, inspection and protection and eradication of disease of livestock in the state, that proportion of the total amount which the value of the sheep and goats in the state of Idaho bears to the value of other livestock in the state as determined by the director of the department of agriculture.
History:
[25-136, added 1951, ch. 250, sec. 11, p. 527; am. 1969, ch. 156, sec. 8, p. 484; am. 1974, ch. 18, sec. 100, p. 364; am. 2012, ch. 117, sec. 7, p. 325.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 1 - CONTROL OF SHEEP DISEASES › Section 25-137 - PUNISHMENT FOR DISREGARD OF QUARANTINE RULES — TAKING EVIDENCE.

25-137. PUNISHMENT FOR DISREGARD OF QUARANTINE RULES — TAKING EVIDENCE. Any person, company, corporation or association or any agent, servant or employee of such, who shall violate or disregard any quarantine provision of this chapter or rules promulgated thereunder or any other provision of law or any sanitary or quarantine rule, order of the board or inspector thereof or any of the provisions of this chapter or rules promulgated thereunder, shall be deemed guilty of a misdemeanor and upon conviction be fined not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each offense. For the purpose of carrying out the provisions of this chapter, the board is authorized to subpoena and examine witnesses and to administer oaths for the purpose of soliciting information to be used in enforcing the provisions hereof and in the furtherance of the quarantine, sanitary or other rules.
History:
[25-137, added 1951, ch. 250, sec. 12, p. 527; am. 1985, ch. 63, sec. 7, p. 132; am. 1997, ch. 116, sec. 6, p. 294.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 1 - CONTROL OF SHEEP DISEASES › Section 25-138 - FILING AND ENFORCING OF LIENS.

25-138. FILING AND ENFORCING OF LIENS. All liens provided for in this chapter shall be filed, enforced and foreclosed as if it were an income tax lien as provided by chapter 30, title 63, Idaho Code, and said statutes are hereby declared to apply to and include any liens provided for in this chapter.
History:
[25-138, added 1951, ch. 250, sec. 13, p. 527; am. 1985, ch. 63, sec. 8, p. 132.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 1 - CONTROL OF SHEEP DISEASES › Section 25-139 - ATTACHMENT OF PROPERTY.

25-139. ATTACHMENT OF PROPERTY. Whenever it shall be necessary in the enforcement of the provisions of this chapter for the board or any of its inspectors to take charge of any sheep, corral, building or other place, demand therefor shall be made upon the owner or person in charge thereof; in event of refusal of said owner or person in charge of said sheep, corral, building or place, said board or any inspector may have said sheep, corral, building or place seized and held by writ of attachment to issue in the same manner as provided by the general laws of this state; provided, that action shall be brought in the name of the state of Idaho and no bond on attachment be required.
History:
[25-139, added 1951, ch. 250, sec. 14, p. 527; am. 1985, ch. 63, sec. 9, p. 132.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 1 - CONTROL OF SHEEP DISEASES › Section 25-140 - BREAKING OF QUARANTINE.

25-140. BREAKING OF QUARANTINE. Breaking quarantine shall mean the taking of any sheep or allowing any sheep quarantined by the board or inspector to go within or without any building, corral, premises or range quarantined by the board or inspector, or the taking of any clean sheep within any building, corral, premises or range quarantined by the board or inspector.
History:
[25-140, added 1951, ch. 250, sec. 15, p. 527.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 1 - CONTROL OF SHEEP DISEASES › Section 25-141A - SCRAPIE ERADICATION AREA.

25-141A. SCRAPIE ERADICATION AREA. (1) The state of Idaho is engaged in the eradication of scrapie from sheep and goats within this state and in cooperation with the United States department of agriculture in the eradication of scrapie from sheep and goats outside of this state. The board is authorized to quarantine the whole state or any portion thereof and the movement of sheep and goats is prohibited except in conformity with the provisions of this chapter and the rules of the board promulgated for the purpose of preventing the introduction of scrapie into Idaho from any other state or country. Any person, firm, corporation or other recognized legal entity, who shall bring into the state or move within the state any sheep or goats in violation of the provisions of this chapter or the rules of the board, shall, upon conviction, be fined not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each animal brought into the state or moved within the state in violation of the provisions of this chapter or rules promulgated thereunder.
(2) The board shall issue permits authorizing the moving of sheep and goats to and from and through and across quarantine areas for exhibition, sale or feeding purposes and for transporting or moving sheep and goats from one (1) locality to another outside of quarantine areas. The permits shall be issued under rules of the board promulgated with due regard to the convenience of the sheep and goat owners and the protection of sheep and goats within the quarantine areas established as herein provided for the eradication of scrapie.
History:
[25-141A, added 1997, ch. 116, sec. 8, p. 294.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 1 - CONTROL OF SHEEP DISEASES › Section 25-141B - EXTENT OF ERADICATION AREA — SUPERVISION AND QUARANTINE OF PREMISES.

25-141B. EXTENT OF ERADICATION AREA — SUPERVISION AND QUARANTINE OF PREMISES. The board is hereby authorized to quarantine any portion of this state when the fact is determined that sheep or goats are affected with scrapie or any other contagious, infectious or communicable disease. The area designated for the control of scrapie may consist of the entire state, a portion of the state, entire county, or part of the county, if it is less than the entire county; the boundary of the area shall be clearly defined in the order for the establishment of the area.
History:
[25-141B, added 1997, ch. 116, sec. 8, p. 295; am. 2012, ch. 117, sec. 8, p. 325.]