reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 6 - PENAL PROVISIONS › Section 23-612 - BEER, WINE OR OTHER ALCOHOLIC BEVERAGES ON PUBLIC SCHOOL GROUNDS.

23-612. BEER, WINE OR OTHER ALCOHOLIC BEVERAGES ON PUBLIC SCHOOL GROUNDS. Every person who possesses or consumes any beer, wine or other alcoholic beverage while present at any public school function on the property of a school district is guilty of a misdemeanor. Persons under twenty-one (21) years of age who are found to be in violation of the provisions of this section because of their age shall be punished according to section 18-1502, Idaho Code.
History:
[23-612, added 1980, ch. 389, sec. 1, p. 989; am. 1981, ch. 222, sec. 5, p. 413; am. 1982, ch. 110, sec. 4, p. 313; am. 1987, ch. 212, sec. 4, p. 450; am. 1990, ch. 344, sec. 1, p. 929.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 6 - PENAL PROVISIONS › Section 23-615 - RESTRICTIONS ON SALE.

23-615. RESTRICTIONS ON SALE. No person licensed pursuant to title 23, Idaho Code, or his or its employed agents, servants or bartenders shall sell, deliver or give away, or cause or permit to be sold, delivered, or given away, or allowed to be consumed, any alcohol beverage, including any distilled spirits, beer or wine, to:
(1) Any person under the age of twenty-one (21) years, 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.
(2) Any person actually, apparently or obviously intoxicated.
(3) An habitual drunkard.
(4) An interdicted person.
Any person under the age of twenty-one (21) years, or other person, who knowingly misrepresents his or her qualifications for the purpose of entering licensed premises or for obtaining alcohol beverages from such licensee shall be equally guilty with such licensee and shall, upon conviction thereof, be guilty of a misdemeanor.
History:
[23-615, added 1999, ch. 59, sec. 8, p. 154.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 6 - PENAL PROVISIONS › Section 23-616 - ALCOHOL WITHOUT LIQUID DEVICE — POWDERED ALCOHOL.

23-616. ALCOHOL WITHOUT LIQUID DEVICE — POWDERED ALCOHOL. (1) As used in this section:
(a) "Alcohol without liquid device" means any machine, device or process that mixes an alcoholic product with oxygen or another gas to produce vaporized alcohol for the purpose of consumption through inhalation.
(b) "Powdered alcohol" means any powder or crystalline substance containing alcohol that is produced for direct use or reconstitution. "Powdered alcohol" does not include alcoholic nonbeverages listed in section 23-504, Idaho Code.
(c) "Vaporized alcohol" means an alcoholic product created by mixing alcohol with oxygen or another gas to produce a vapor or mist for the purpose of consumption through inhalation.
(2) A person shall not use or offer for use, possess, purchase, sell or offer for sale an alcohol without liquid device or powdered alcohol. No person licensed pursuant to title 23, Idaho Code, or his or its employed agents, servants or bartenders shall use or offer for use, possess, purchase, sell or offer for sale an alcohol without liquid device or powdered alcohol.
(3) The Idaho state police may promulgate rules to allow for the possession, sale or use of an alcohol without liquid device or powdered alcohol by certain hospitals, universities, or pharmaceutical or biotechnology companies for bona fide research or medical purposes.
(4) A person who violates this section shall be guilty of a misdemeanor. Upon conviction or a finding of guilt of a second or subsequent violation of this section, the defendant shall be punished by a fine of not less than three hundred dollars ($300), nor more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment.
(5) Any violation of the provisions of this section by a person licensed pursuant to title 23, Idaho Code, shall constitute grounds for the suspension and revocation of any and all such licenses issued to such person.
(6) An alcohol without liquid device or powdered alcohol as defined in this section and except as in this section authorized is hereby declared to be a public nuisance and in this title is referred to as a liquor nuisance pursuant to section 23-701, Idaho Code.
History:
[23-616, added 2006, ch. 254, sec. 1, p. 792; am. 2016, ch. 277, sec. 1, p. 765.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 7 - LIQUOR NUISANCES › Section 23-701 - LIQUOR NUISANCE DEFINED — MAINTAINING.

23-701. LIQUOR NUISANCE DEFINED — MAINTAINING. The conducting or maintaining of a place or of a vehicle of any sort for the manufacture, storage, transportation, sale, or dispensing of alcoholic liquor, except as in this act authorized, permitted, or licensed, is hereby declared to be a public nuisance and in this article is referred to as a liquor nuisance.
History:
[23-701, added 1939, ch. 222, sec. 1001, p. 465.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 7 - LIQUOR NUISANCES › Section 23-702 - BUILDING AND EQUIPMENT.

23-702. BUILDING AND EQUIPMENT. A building, vehicle, car, or boat where alcoholic liquors are manufactured, stored, transported, sold, or otherwise dispensed, or where persons are permitted to resort for the purpose of purchasing or drinking alcoholic liquor, except as in this act authorized, permitted, or licensed, and all alcoholic liquor, vessels, glasses, kegs, pumps, bars, and other property and equipment found or used in connection therewith are hereby declared to be a public nuisance and in this article such a public nuisance is referred to as a liquor nuisance.
History:
[23-702, added 1939, ch. 222, sec. 1002, p. 465.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 7 - LIQUOR NUISANCES › Section 23-703 - MAINTENANCE A MISDEMEANOR.

23-703. MAINTENANCE A MISDEMEANOR. Any person who conducts or maintains a liquor nuisance is guilty of a misdemeanor.
History:
[23-703, added 1939, ch. 222, sec. 1003, p. 465.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 7 - LIQUOR NUISANCES › Section 23-704 - ABATEMENT AND PROSECUTION.

23-704. ABATEMENT AND PROSECUTION. Except as in this article otherwise provided, a liquor nuisance may be abated and a person maintaining a liquor nuisance may be prosecuted and punished, as provided by law in other cases of public nuisance.
History:
[23-704, added 1939, ch. 222, sec. 1004, p. 465.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 7 - LIQUOR NUISANCES › Section 23-705 - ACTION FOR MAINTENANCE.

23-705. ACTION FOR MAINTENANCE. The prosecuting attorney may maintain an action of an equitable nature, as relator, in the name of the state of Idaho, to abate a liquor nuisance, perpetually to enjoin all persons from maintaining the same, and to enjoin the use of any structure or thing adjudged to be a liquor nuisance.
History:
[23-705, added 1939, ch. 222, sec. 1005, p. 465.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 7 - LIQUOR NUISANCES › Section 23-706 - TEMPORARY INJUNCTION.

23-706. TEMPORARY INJUNCTION. Upon the filing of a verified complaint therefor, in any court of competent jurisdiction, the court or a judge at chambers, if satisfied that the liquor nuisance complained of exists, may allow a temporary writ of injunction, without bond, enjoining the defendant from maintaining any such nuisance within the jurisdiction of the court issuing such writ; but no such injunction shall issue unless it be made to appear to the satisfaction of the court that the owner or agent of the owner of such building or place knew, or had been personally served with notice, that such building or place was being so used and had failed to abate such nuisance, or that upon diligent inquiry such owner or agent of the owner could not be found within the state for the service of such preliminary notice.
History:
[23-706, added 1939, ch. 222, sec. 1006, p. 465.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 7 - LIQUOR NUISANCES › Section 23-707 - EVIDENCE OF REPUTATION ADMISSIBLE.

23-707. EVIDENCE OF REPUTATION ADMISSIBLE. At all hearings upon the merits, evidence of the general reputation of the building or place constituting the alleged nuisance, of the inmates thereof, and of those resorting thereto, is admissible for the purpose of proving the existence of such nuisance.
History:
[23-707, added 1939, ch. 222, sec. 1007, p. 465.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 7 - LIQUOR NUISANCES › Section 23-708 - PERPETUAL INJUNCTION AND ORDER OF ABATEMENT — EXECUTION OF ORDER.

23-708. PERPETUAL INJUNCTION AND ORDER OF ABATEMENT — EXECUTION OF ORDER. If the existence of the nuisance is established, the court shall enter a decree perpetually restraining all persons from maintaining or permitting such nuisance, and from using the building or place in which the same is maintained for any purpose, for a period of one (1) year thereafter, unless such decree is sooner vacated, as hereinafter provided. While said decree remains in effect, such building or place shall be in the custody of the court.
An order of abatement shall also issue as a part of such decree, which order shall direct the sheriff of the county to remove from such building or place all fixtures and movable property used in conducting or aiding or abetting such nuisance, to sell the same in the manner provided by law for the sale of chattels under execution, to close such building or place against its use for any purpose, and to keep it closed for a period of one (1) year, unless sooner released as hereinafter provided. The sheriff’s fees for removing and selling the movable property shall be taxed as a part of the costs, and shall be the same as those for levying upon and selling like property under execution. For closing the building and keeping it closed the court shall allow a reasonable fee to be taxed as a part of the costs.
History:
[23-708, added 1939, ch. 222, sec. 1008, p. 465.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 7 - LIQUOR NUISANCES › Section 23-709 - DISPOSITION OF PROCEEDS OF SALE.

23-709. DISPOSITION OF PROCEEDS OF SALE. The proceeds of the sale of the movable property shall be applied in payment of the costs of the proceeding and of the abatement, and the balance, if any, shall be paid to the defendant or person owning said property upon the return of such sale.
History:
[23-709, added 1939, ch. 222, sec. 1009, p. 465.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 7 - LIQUOR NUISANCES › Section 23-710 - VIOLATION OF INJUNCTION AND ORDER OF ABATEMENT A CONTEMPT.

23-710. VIOLATION OF INJUNCTION AND ORDER OF ABATEMENT A CONTEMPT. In case of the violation of any injunction or order of abatement issued under the provisions of this article, the court, or a judge at chambers, may summarily try and punish the offender for his contempt of court.
History:
[23-710, added 1939, ch. 222, sec. 1010, p. 465.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 7 - LIQUOR NUISANCES › Section 23-711 - RELEASE OF BUILDING FROM INJUNCTION.

23-711. RELEASE OF BUILDING FROM INJUNCTION. If the owner of such building or place has not been guilty of any contempt of court in the proceeding, and pays all costs of the proceeding and of the abatement and files a bond, with sureties to be approved by the court, in the penal sum of the full value of the property, to be ascertained by the court, or by a judge at chambers, conditioned that such owner will immediately abate such nuisance and prevent the same from being established or maintained therein within a period of one (1) year thereafter, the court shall vacate such decree and order of abatement, so far as the same may relate to such building or place, and shall also vacate the order directing the sale of the movable property. The release herein provided for shall not release such property from any judgment, lien, penalty, or liability to which it may otherwise be subject by law.
History:
[23-711, added 1939, ch. 222, sec. 1011, p. 465.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 7 - LIQUOR NUISANCES › Section 23-712 - COSTS A LIEN.

23-712. COSTS A LIEN. Whenever the costs shall be assessed under the provisions of this chapter against the owner of any property declared to be a liquor nuisance, such costs shall constitute a lien upon such property to the extent of the interest of such owner, and writ of execution shall issue thereon.
History:
[23-712, added 1939, ch. 222, sec. 1012, p. 465.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 8 - ENFORCEMENT OF PENAL AND ABATEMENT PROVISIONS OF IDAHO LIQUOR ACT › Section 23-801 - PRIMARY DUTY OF ENFORCEMENT.

23-801. PRIMARY DUTY OF ENFORCEMENT. The penal provisions of this act shall be deemed to be an integral part of the penal code of this state and the sheriffs of the several counties and local peace officers are charged with the primary duty of enforcing such provisions; and the prosecuting attorneys of the several counties are charged with the primary duty of prosecuting violators thereof in penal actions and abatement proceedings.
History:
[23-801, added 1939, ch. 222, sec. 1101, p. 465.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 8 - ENFORCEMENT OF PENAL AND ABATEMENT PROVISIONS OF IDAHO LIQUOR ACT › Section 23-802 - SUPERVISORY DUTY OF ATTORNEY GENERAL.

23-802. SUPERVISORY DUTY OF ATTORNEY GENERAL. If any prosecuting attorney, sheriff or local peace officer is guilty of nonfeasance, misfeasance or malfeasance in respect to his duties under this act, the attorney general of the state shall proceed against said offender in ouster or removal proceedings under chapter 41 of title 19, or as may be otherwise provided by law.
History:
[23-802, added 1939, ch. 222, sec. 1102, p. 465.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 8 - ENFORCEMENT OF PENAL AND ABATEMENT PROVISIONS OF IDAHO LIQUOR ACT › Section 23-803 - ATTORNEY GENERAL MAY ACT AS PROSECUTOR.

23-803. ATTORNEY GENERAL MAY ACT AS PROSECUTOR. The attorney general shall, in every county in the state, have the same powers as the prosecuting attorney thereof with respect to the prosecution of criminal actions and abatement proceedings under this act.
History:
[23-803, added 1939, ch. 222, sec. 1103, p. 465.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 8 - ENFORCEMENT OF PENAL AND ABATEMENT PROVISIONS OF IDAHO LIQUOR ACT › Section 23-804 - DUTIES OF THE IDAHO STATE POLICE AND OFFICERS THEREOF.

23-804. DUTIES OF THE IDAHO STATE POLICE AND OFFICERS THEREOF. The Idaho state police and the director thereof are hereby charged with the responsibility and duty of assisting in the policing of the state of Idaho to enforce and require the enforcement of the penal provisions of the Idaho liquor act in addition to other duties imposed upon them by law, notwithstanding the duties now, or which may be hereafter imposed upon sheriffs, police, or other officers to enforce the provisions of such laws. To accomplish such enforcement it is hereby made the duty of said director and every officer of the Idaho state police, whether employed specifically for the enforcement of the liquor act, or otherwise, to officially report every violation of such liquor act of which they have knowledge, or which is made known to them, to the sheriff, and prosecuting attorney of the respective county or counties in which such violations occur and sign complaints for such violations, which complaints said prosecuting attorney, sheriff, and other officers shall faithfully prosecute.
Said Idaho state police under the direction of the director thereof shall conduct investigations to obtain facts involving violations of the provisions of such laws and the said director shall appoint a chief of enforcement of such laws and may employ expert investigators, detectives, and secret officers to obtain such information and assist in such policing and enforcement.
History:
[23-804, added 1939, ch. 222, sec. 1104, as added by 1943, ch. 175, sec. 1, p. 369; am. 1974, ch. 27, sec. 13, p. 811; am. 2000, ch. 469, sec. 58, p. 1509.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 8 - ENFORCEMENT OF PENAL AND ABATEMENT PROVISIONS OF IDAHO LIQUOR ACT › Section 23-805 - DUTIES OF PROSECUTING ATTORNEYS, SHERIFFS, AND OTHER OFFICERS.

23-805. DUTIES OF PROSECUTING ATTORNEYS, SHERIFFS, AND OTHER OFFICERS. It shall be the duty of the director of the division and every prosecuting attorney, sheriff, police or other peace officer to cooperate with the Idaho state police in the enforcement of such laws, and any such officer refusing to so cooperate or divulge any information he may have in any such prosecution shall be subject to action against him as provided in chapter 41, title 19, Idaho Code. Any such action may be brought in the name of the state of Idaho by any resident of the county, or officer of the state or county. Upon the conviction of a person for a violation of the provisions of the Idaho liquor act, or of the provisions of chapter 9, title 23, Idaho Code, the judge of the court imposing the judgment of conviction shall immediately send to the director of the Idaho state police a statement setting forth the title of the court, the name and residence of the defendants, the nature of the offense and the fine and sentence or judgment imposed.
History:
[23-805, added 1939, ch. 222, sec. 1105, as added by 1943, ch. 175, sec. 2, p. 369; am. 1950, (E.S.), ch. 14, sec. 1, p. 25; am. 1974, ch. 27, sec. 14, p. 811; am. 1999, ch. 103, sec. 2, p. 327; am. 2000, ch. 469, sec. 59, p. 1509; am. 2009, ch. 23, sec. 52, p. 66.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 8 - ENFORCEMENT OF PENAL AND ABATEMENT PROVISIONS OF IDAHO LIQUOR ACT › Section 23-807 - COMPELLING ATTENDANCE OF WITNESSES — IMMUNITY OF WITNESSES — AUTHORITY OF ENFORCEMENT OFFICERS.

23-807. COMPELLING ATTENDANCE OF WITNESSES — IMMUNITY OF WITNESSES — AUTHORITY OF ENFORCEMENT OFFICERS. The director of the Idaho state police and any prosecuting attorney of any county, for the purposes contemplated by this act, have power to issue subpoenas, compel the attendance of witnesses, administer oaths, certify to official acts, take depositions within and without the state of Idaho, as now provided by law, compel the production of pertinent books, payrolls, accounts, papers, records, documents and testimony. If a person in attendance before such director or prosecuting attorney refuses, without reasonable cause, to be examined or to answer a legal and pertinent question, or to produce a book or paper or other evidence when ordered so to do by the director or prosecuting attorney, said director or prosecuting attorney may apply to the judge of the district court of the county where such person is in attendance, upon affidavit for an order returnable not less than two (2) or more than five (5) days, directing such person to show cause before such judge, or any other judge of such district, why he should not be punished for contempt; upon the hearing of such order, if the judge shall determine that such person has refused, without reasonable cause or legal excuse, to be examined or to answer a legal or pertinent question, or to produce a book or paper which he was ordered to bring or produce, he may forthwith punish the offender as for contempt of court.
No person shall be excused from testifying or from producing any books or papers or documents in any investigation or inquiry by or upon any hearing before any officer so authorized upon the ground that the testimony or evidence, books, papers or documents required of him may tend to incriminate him or subject him to penalty or forfeiture; but no person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which he shall, under oath, have, by order of the said officer, testified to or produced documentary evidence of; provided, however, that no person so testifying shall be exempt from prosecution or punishment for any perjury testified by him.
Subpoenas shall be served and witness fees and mileage paid as allowed in civil cases in the district courts of this state.
Inspectors and investigators employed by the Idaho state police for the enforcement of this act shall have all the authority given by statute to peace officers of the state of Idaho, including authority to serve and execute warrants of arrest and warrants of search and seizure.
History:
[23-807, added 1939, ch. 222, sec. 1107, as added by 1943, ch. 175, sec. 4, p. 369; am. 1974, ch. 27, sec. 15, p. 811; am. 2000, ch. 469, sec. 60, p. 1510.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 8 - ENFORCEMENT OF PENAL AND ABATEMENT PROVISIONS OF IDAHO LIQUOR ACT › Section 23-808 - LEGISLATIVE FINDING AND INTENT — CAUSE OF ACTION.

23-808. LEGISLATIVE FINDING AND INTENT — CAUSE OF ACTION. (1) The legislature finds that it is not the furnishing of alcoholic beverages that is the proximate cause of injuries inflicted by intoxicated persons and it is the intent of the legislature, therefore, to limit dram shop and social host liability; provided, that the legislature finds that the furnishing of alcoholic beverages may constitute a proximate cause of injuries inflicted by intoxicated persons under the circumstances set forth in subsection (3) of this section.
(2) No claim or cause of action may be brought by or on behalf of any person who has suffered injury, death or other damage caused by an intoxicated person against any person who sold or otherwise furnished alcoholic beverages to the intoxicated person, except as provided in subsection (3) of this section.
(3) A person who has suffered injury, death or any other damage caused by an intoxicated person, may bring a claim or cause of action against any person who sold or otherwise furnished alcoholic beverages to the intoxicated person, only if:
(a) The intoxicated person was younger than the legal age for the consumption of alcoholic beverages at the time the alcoholic beverages were sold or furnished and the person who sold or furnished the alcoholic beverages knew or ought reasonably to have known at the time the alcoholic beverages were sold or furnished that the intoxicated person was younger than the legal age for consumption of the alcoholic beverages; or
(b) The intoxicated person was obviously intoxicated at the time the alcoholic beverages were sold or furnished, and the person who sold or furnished the alcoholic beverages knew or ought reasonably to have known that the intoxicated person was obviously intoxicated.
(4) (a) No claim or cause of action pursuant to subsection (3) of this section shall lie on behalf of the intoxicated person nor on behalf of the intoxicated person’s estate or representatives.
(b) No claim or cause of action pursuant to subsection (3) of this section shall lie on behalf of a person who is a passenger in an automobile driven by an intoxicated person nor on behalf of the passenger’s estate or representatives.
(5) No claim or cause of action may be brought under this section against a person who sold or otherwise furnished alcoholic beverages to an intoxicated person unless the person bringing the claim or cause of action notified the person who sold or otherwise furnished alcoholic beverages to the intoxicated person within one hundred eighty (180) days from the date the claim or cause of action arose by certified mail that the claim or cause of action would be brought.
(6) For the purposes of this section, the term "alcoholic beverage" shall include alcoholic liquor as defined in section 23-105, Idaho Code, beer as defined in section 23-1001, Idaho Code, and wine as defined in section 23-1303, Idaho Code.
History:
[23-808, added 1986, ch. 285, sec. 1, p. 708.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-901 - DECLARATION OF POLICY — RETAIL SALE OF LIQUOR.

23-901. DECLARATION OF POLICY — RETAIL SALE OF LIQUOR. It is hereby declared as the policy of the state of Idaho that it is necessary to further regulate and control the sale and distribution within the state of alcoholic beverages and to eliminate certain illegal traffic in liquor now existing and to insure the entire control of the sale of liquor it is advisable and necessary, in addition to the operation of the state liquor stores now provided by law, that the director of the Idaho state police and the county commissioners and the councils of cities in the state of Idaho be empowered and authorized to grant licenses to persons qualified under this act to sell liquor purchased by them at state liquor stores at retail posted prices in accordance with this act and under the rules promulgated by said director and under his strict supervision and control and to provide severe penalty for the sale of liquor except by and in state liquor stores and by persons licensed under this act. The restrictions, rules, and provisions contained in this act are enacted by the legislature for the protection, health, welfare and safety of the people of the state of Idaho and for the purpose of promoting and encouraging temperance in the use of alcoholic beverages within the state of Idaho.
History:
[23-901, added 1947, ch. 274, sec. 1, p. 870; am. 1974, ch. 27, sec. 16, p. 811; am. 2000, ch. 469, sec. 61, p. 1510.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-903a - LICENSE TO RETAIL LIQUOR — SKI RESORTS — CROSS-COUNTRY SKIING FACILITIES.

23-903a. LICENSE TO RETAIL LIQUOR — SKI RESORTS — CROSS-COUNTRY SKIING FACILITIES. If the director determines that an applicant or applicants are qualified to receive a ski resort or cross-country skiing facility license, he shall notify the chairman of the board of county commissioners in the county in which the ski resort or cross-country skiing facility license is to be issued. The county commissioners shall, within fifteen (15) days after receipt of notification from the director, approve or disapprove the issuance of the license. In the event the county commissioners do not approve the proposed license, a license shall not be issued.
History:
[23-903a, added 1972, ch. 34, sec. 2, p. 52; am. 1974, ch. 27, sec. 19, p. 811; am. 1987, ch. 32, sec. 1, p. 53.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-903b - LICENSES ISSUED TO OWNERS, OPERATORS OR LESSEES OF GOLF COURSES, SKI RESORTS, CROSS-COUNTRY SKIING FACILITIES AND WATERFRONT RESORTS — LIMITATIONS ON SALES OR TRANSFERS.

23-903b. LICENSES ISSUED TO OWNERS, OPERATORS OR LESSEES OF GOLF COURSES, SKI RESORTS, CROSS-COUNTRY SKIING FACILITIES AND WATERFRONT RESORTS — LIMITATIONS ON SALES OR TRANSFERS. No license issued to an owner, operator, or lessee of a golf course, ski resort, cross-country skiing facility or waterfront resort, as defined in sections 23-903, 23-948 and 23-952, Idaho Code, shall be transferable to another location or facility, except as otherwise provided in section 23-956, Idaho Code.
History:
[23-903b, added 1979, ch. 256, sec. 1, p. 679; am. 1987, ch. 32, sec. 2, p. 54; am. 1991, ch. 137, sec. 1, p. 320; am. 2005, ch. 357, sec. 1, p. 1128.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-905 - APPLICATION FOR LICENSES — PENALTY FOR FALSE STATEMENTS.

23-905. APPLICATION FOR LICENSES — PENALTY FOR FALSE STATEMENTS. Prior to the issuance of a license as herein provided, the applicant shall file with the director an application, in writing, signed by the applicant and containing such information and statements relative to the applicant and the premises where the liquor is to be sold as may be required by the director. The application shall be verified by the affidavit of the person making the same before a person authorized to administer oaths and shall be accompanied with the license fee herein required.
In addition to setting forth the qualifications required by other provisions of this act, the application must show:
(1) A detailed description of the premises for which a license is sought and its location.
(2) A detailed statement of the assets and liabilities of the applicant.
(3) The names and addresses of all persons who will have any financial interest in any business to be carried on in and upon the licensed premises, whether such interest results from open loans, mortgages, conditional sales contracts, silent partnerships, trusts or any other basis than open trade accounts incurred in the ordinary course of business, and the amounts of such interests.
(4) The name and address of the applicant, which shall include all members of a partnership or association and the officers, members of the governing board and ten (10) principal stockholders of a corporation.
(5) A copy of the articles of incorporation and bylaws of any corporation, the articles of association and the bylaws of any association, or the articles of partnership of any partnership.
(6) If during the period of any license issued hereunder any change shall take place in any of the requirements of subparagraph (3), (4), or (5) of this section, the licensee shall forthwith make a written report of such change to the director.
(7) If during the period of any license issued hereunder the licensee seeks to move his business from one premise to another in the same city, he may do so subject to the director’s approval that the new premise is suitable for the carrying on of the business.
If any false statement is made in any part of said application, or any subsequent report, the applicant, or applicants, shall be deemed guilty of a felony and upon conviction thereof shall be imprisoned in the state prison for not less than one (1) year nor more than five (5) years and fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or both such fine and imprisonment.
History:
[23-905, added 1947, ch. 274, sec. 5, p. 870; am. 1974, ch. 27, sec. 21, p. 811; am. 1980, ch. 313, sec. 1, p. 803; am. 1991, ch. 137, sec. 3, p. 321; am. 1994, ch. 14, sec. 3, p. 22.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-906 - LICENSES FOR DINING, BUFFET AND CLUB CARS, COMMON CARRIER BOATS, AND COMMON CARRIER AIRLINES.

23-906. LICENSES FOR DINING, BUFFET AND CLUB CARS, COMMON CARRIER BOATS, AND COMMON CARRIER AIRLINES. Any person operating any line of railroad using dining club or buffet cars in connection with regularly operated train service, or any common carrier boat or boats, or any common carrier airline, desiring a license to sell liquor under the provisions of this act in any such cars, boats, or common carrier aircraft shall apply to the director for a license, as in this act provided, accompanying the application with the license fee herein prescribed.
History:
[23-906, added 1947, ch. 274, sec. 6, p. 870; am. 1963, ch. 423, sec. 2, p. 1098; am. 1974, ch. 27, sec. 22, p. 811.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-907 - INVESTIGATION OF APPLICATIONS.

23-907. INVESTIGATION OF APPLICATIONS. Upon receipt of an application for a license under this act, accompanied by the necessary license fee, the director, within ninety (90) days thereafter, shall cause to be made a thorough investigation of all matters pertaining thereto. The investigation shall include a fingerprint-based criminal history check of the Idaho central criminal history database and the federal bureau of investigation criminal history database. Each person listed as an applicant on an initial application shall submit a full set of fingerprints and the fee to cover the cost of the criminal history background check for such person with the application. If the director shall determine that the contents of the application are true, that such applicant is qualified to receive a license, that his premises are suitable for the carrying on of the business, and that the requirements of this act and the rules promulgated by the director are met and complied with, he shall issue such license; otherwise the application shall be denied and the license fee, less the costs and expenses of investigation, returned to the applicant.
In making the investigation required by this section the director shall have the power to investigate and examine the books and records of the licensee and any person having a financial interest in any business to be conducted on the licensed premises, including, but not limited to, their bank accounts, returns filed under the Idaho income tax act, as amended, and any other sources of information deemed desirable by the director and not specifically prohibited by law.
History:
[23-907, added 1947, ch. 274, sec. 7, p. 870; am. 1974, ch. 27, sec. 23, p. 811; am. 2001, ch. 284, sec. 1, p. 1015; am. 2016, ch. 77, sec. 1, p. 254.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-911 - RESTRICTIONS ON MANUFACTURERS, TRANSPORTERS OR DISTILLERS.

23-911. RESTRICTIONS ON MANUFACTURERS, TRANSPORTERS OR DISTILLERS. Except as provided in section 23-912, Idaho Code, no manufacturer, rectifier, wholesaler, stockholder, shareholder, partner, or the owner of any other interest in any corporations, association or partnership financially interested in the manufacture, transportation or sale of liquor shall furnish, give, rent, lend or sell any equipment or fixtures directly or indirectly, or through a subsidiary or affiliate or by any officer, director, or firm member of the industry or otherwise furnish financial aid to any person engaged in the sale of liquor hereunder and no licensee hereunder shall receive or be the beneficiary of any of the benefits hereby prohibited.
History:
[23-911, added 1947, ch. 274, sec. 11, p. 870; am. 1973, ch. 75, sec. 1, p. 121; am. 1999, ch. 141, sec. 2, p. 405.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-912 - RESTRICTIONS OF PERSONS INTERESTED IN PREMISES.

23-912. RESTRICTIONS OF PERSONS INTERESTED IN PREMISES. (1) Except as provided in subsection (2) of this section, no manufacturer, rectifier, wholesaler, stockholder, shareholder, partner or the owner of any other interest in any corporation, association or partnership financially interested in the manufacture, transportation (except public carriers) or sale of liquor shall hold any interest in any premise licensed hereunder for the sale of liquor or receive any rental or remuneration from any such premise.
(2) A manufacturer, rectifier, wholesaler, stockholder, shareholder, partner or the owner of any interest in any corporation, association or partnership financially interested in the manufacture, transportation or sale of liquor may hold interest in a licensed premises if the licensed premises serves food cooked on the site of the licensed premises, and the person or entity can show through recordkeeping that no more than fifty percent (50%) of the gross revenue to the licensed premises is derived from the sale of alcoholic beverages on-site. The owner of the licensed premises pursuant to this subsection shall comply with and be subject to all other rules, regulations or other provisions of law which apply to manufacturers, rectifiers, wholesalers, stockholders, shareholders, partners or the owners of any interest in any corporation, association or partnership financially interested in the manufacture, transportation or sale of liquor save and except as such rules, regulations or laws may restrict such sales at the licensed premises. The holder of a license pursuant to this section shall not be disqualified from holding a beer license, a retail wine license or wine by the drink license for the sale of beer or wine at the licensed premises on the grounds that the licensee is also a manufacturer, wholesaler, stockholder, shareholder, partner or the owner of any interest in any corporation, association or partnership financially interested in the manufacture, transportation or sale of liquor, beer or wine. This subsection shall not be deemed to grant a license for the retail sale of liquor by the drink and the license must be obtained through normal lawful means.
History:
[23-912, added 1947, ch. 274, sec. 12, p. 870; am. 1999, ch. 141, sec. 3, p. 405.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-913 - LICENSEE NOT ALLOWED NEAR CHURCHES OR SCHOOLS — EXCEPTIONS.

23-913. LICENSEE NOT ALLOWED NEAR CHURCHES OR SCHOOLS — EXCEPTIONS. No license shall be issued for any premises in any neighborhood which is predominantly residential or within 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 same [came] therein.
History:
[23-913, added 1947, ch. 274, sec. 13, p. 870.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-914 - LICENSEE MUST PURCHASE FROM DIVISION — PRICE.

23-914. LICENSEE MUST PURCHASE FROM DIVISION — PRICE. All liquor sold by any licensee shall be purchased from the division through its regular retail stores and distributing stations at the posted price thereof. The division is hereby authorized and directed to make such sales pursuant to section 23-309, Idaho Code, upon a special permit issued to such licensee in such form as shall be prescribed by the director of the division. The posted price as used herein shall mean the retail price of such liquor as fixed and determined by the division.
It shall be unlawful for any licensee to sell, or keep for sale, or have on his premises for any purpose whatsoever, any liquor except that purchased as herein authorized and provided, and any licensee found in possession of, selling or keeping for sale any liquor not purchased as herein authorized shall be guilty of a felony and upon conviction thereof shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or by imprisonment in the state prison for not more than five (5) years, or by both such fine and imprisonment. Any license issued to such person shall be immediately and permanently revoked. The amount of liquor to be sold to licensees hereunder in any city or village shall be determined by the director or other executive officer of the division, but such sales shall be regulated so as to maintain adequate stocks of merchandise for sale to persons other than said licensees.
The provisions of this section notwithstanding, railroad companies shall have the right to have in their possession liquors other than those purchased from the division.
History:
[23-914, added 1947, ch. 274, sec. 14, p. 870; am. 1949, ch. 277, sec. 2, p. 567; am. 1988, ch. 216, sec. 2, p. 411; am. 2009, ch. 23, sec. 53, p. 67; am. 2012, ch. 113, sec. 18, p. 316.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-915 - OFFICERS MAY SEIZE ILLEGAL LIQUOR.

23-915. OFFICERS MAY SEIZE ILLEGAL LIQUOR. The director, or any of his agents, any sheriff, constable, or other police officer who shall find any liquor kept or held by any person in violation of the provisions of this act may forthwith seize and remove the same and keep the same as evidence and upon conviction of the person for violation of the provisions hereof, the said liquor, and all packages or receptacles containing the same, shall be forfeited to the state of Idaho and in addition the person so violating this act shall be subject to the other penalties herein prescribed.
History:
[23-915, added 1947, ch. 274, sec. 15, p. 870; am. 1974, ch. 27, sec. 25, p. 811.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-916 - COUNTY AND CITY LICENSES.

23-916. COUNTY AND CITY LICENSES. In addition to the licensing and control herein provided for the retail sale of liquor by the drink, each county and incorporated city in the state of Idaho is hereby authorized and empowered to license the sale of liquor by the drink at retail within the corporate limits of such city. The respective local authorities may impose and collect license fees for the use and benefit of such city not to exceed seventy-five percent (75%) of the amount of the license fee collected by the director as herein provided and for the use and benefit of such county not to exceed twenty-five percent (25%) of the amount of the license fee collected by the director as herein provided. The governing authority of such city may provide further regulations for the control of such business, and the board of county commissioners of any county may fix the fee for, and may regulate and control the use of, any license issued for the sale of liquor by the drink at retail in any licensed premises not situate within the incorporated limits of any city, not in conflict with the provisions of this act.
History:
[23-916, added 1947, ch. 274, sec. 16, p. 870; am. 1957, ch. 151, sec. 3, p. 250; am. 1974, ch. 27, sec. 26, p. 811.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-917 - REFERENDUM — LOCAL OPTION.

23-917. REFERENDUM — LOCAL OPTION. No license shall be issued hereunder until on or after July 1, 1947. Within sixty (60) days after the effective date of this chapter a petition in writing signed by not less than twenty percent (20%) of the registered, qualified electors of any city may be filed with the clerk of said city as their protest against the issuance of any license in said city under the provisions of this chapter. In the event said petition is presented, the governing body of any such city shall, within five (5) days after the presentation of said petition, meet and determine the sufficiency thereof by ascertaining whether said petition is signed by the required number of registered, qualified electors of the city affected. In the event the governing body of said city determines that said petition is signed by the required percentage of registered, qualified electors, said city governing body shall forthwith make an order calling an election to be held within said city, subject to the provisions of section 34-106, Idaho Code, in accordance with the provisions of title 34, Idaho Code, which shall apply to the holding of the election provided for in this section, except where specifically modified herein. In addition to the other requirements of law, the notice of election shall notify the electors of the issue to be voted upon at said election.
History:
[23-917, added 1947, ch. 274, sec. 17, p. 870; am. 1995, ch. 118, sec. 12, p. 440; am. 2009, ch. 341, sec. 7, p. 1000.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-918 - FORM OF BALLOT.

23-918. FORM OF BALLOT. The county clerk must furnish the ballots to be used in such election, which ballots must contain the following words:
"Sale of liquor by the drink, Yes,"
"Sale of liquor by the drink, No,"
and the elector in order to vote must indicate the elector’s choice opposite one (1) of the questions in a space provided therefor.
History:
[23-918, added 1947, ch. 274, sec. 18, p. 870; am. 2009, ch. 341, sec. 8, p. 1000.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-919 - EFFECT OF ELECTION — LIQUOR STORE SALES NOT AFFECTED.

23-919. EFFECT OF ELECTION — LIQUOR STORE SALES NOT AFFECTED. Upon a canvass of the votes cast, the county board of canvassers shall certify the result to the city who shall report the results to the director. If a majority of the votes cast are "Sale of liquor by the drink, Yes," licenses shall be issued in said city as in this chapter provided. If a majority of the votes cast are "Sale of liquor by the drink, No," then no licenses shall be issued in said city unless thereafter authorized by a subsequent election in said city; provided, however, that nothing herein contained shall be construed to prevent or prohibit the sale of liquor at or by a state liquor store or state distributor.
History:
[23-919, added 1947, ch. 274, sec. 19, p. 870; am. 1974, ch. 27, sec. 27, p. 811; am. 2009, ch. 341, sec. 9, p. 1000.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-920 - SUBSEQUENT ELECTIONS.

23-920. SUBSEQUENT ELECTIONS. A similar election may be subsequently called and held upon the issue of whether the sale of liquor by the drink shall be prohibited or, if prohibited, then an election to determine whether the sale of liquor by the drink shall be licensed. Such subsequent election shall be held upon the filing of a petition, as provided in section 23-917, signed by the requisite percentage of qualified electors. No such subsequent election shall be held prior to November 1, 1949, or oftener than two (2) years after the holding of any such subsequent election.
History:
[23-920, added 1947, ch. 274, sec. 20, p. 870.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-921 - NO RETAIL SALE EXCEPT BY THE DRINK.

23-921. NO RETAIL SALE EXCEPT BY THE DRINK. It shall be unlawful for any licensee to sell, keep for sale, dispense, give away, or otherwise dispose of any liquor in the original containers or otherwise than by retail sale by the drink.
History:
[23-921, added 1947, ch. 274, sec. 21, p. 870.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK › Section 23-926 - DESTRUCTION OF STAMPS — SANITARY REQUIREMENTS.

23-926. DESTRUCTION OF STAMPS — SANITARY REQUIREMENTS. It shall be the duty of any licensee hereunder immediately upon emptying any liquor container to deface, so that the same may not again be used, all government or state stamps or labels. Any licensed premises shall be maintained in sanitary condition according to the requirements of chapter 16, title 39, Idaho Code, and any city ordinances pertaining thereto.
History:
[23-926, added 1947, ch. 274, sec. 24, p. 870; am. 1974, ch. 247, sec. 1, p. 1624.]