Title 23 — ALCOHOLIC BEVERAGES

23-1001. Definitions. As used in this chapter: (a) "Beer" means any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt and/or other ingredients in drinkable water. (b) "Brewer" means a person licensed to manufacture beer inside or outside …

23-1002. Alcoholic content. Beer containing not more than sixteen percent (16%) of alcohol by volume may be manufactured, imported, and/or sold and distributed in and into this state or possessed therein in the manner and under the conditions prescribed in this act and not otherw…

23-1003. Brewers’, dealers’ and wholesalers’ licenses. (a) Before any brewer shall manufacture or any dealer or wholesaler import or sell beer within the state of Idaho, such brewer shall apply to the director for a license. The application form shall be prescribed and furnished …

23-1004. Dealers’ license fee. Every dealer for whom no license fee is elsewhere provided in this act shall, except as provided in section 23-1003, pay to the state of Idaho an annual license fee of one hundred dollars ($100), and a like amount for each separate warehouse used fo…

23-1005. Qualifications of licensees. No license shall issue to an applicant for a dealer’s or wholesaler’s license unless the applicant is authorized to do business within the state of Idaho; nor shall such license be issued to an applicant whose license, or the license of any p…

23-1005A. Transfer of license — Fee — Application for approval. (a) No brewer, dealer or wholesaler of beer license issued pursuant to section 23-1003, Idaho Code, or any beer retailer license issued pursuant to section 23-1010, Idaho Code, may be transferred to another person, i…

23-1006. Records and returns of licensees — Investigations and examinations. Every licensed dealer, brewer and wholesaler shall have, and notify the director of, a place of business within the state of Idaho where such licensee will and shall keep a record of his or its imports i…

23-1007. Sales by dealers and wholesalers — Prohibited unless obtained from licensees — Consumption on premises prohibited — Minimum sale on licensed premises of unbroken packages or kegs. Except as provided in section 23-1007A, Idaho Code, it shall be unlawful for any dealer or …

23-1007A. Beer sold or donated for benevolent, charitable or public purposes — Permit required. (1) Notwithstanding the provisions of section 23-1007, Idaho Code, to the contrary, nothing shall prevent any licensed dealer, wholesaler or retailer from selling or donating unbroken …

23-1008. Tax — Distribution — Rules — Reports. (1) A tax of four dollars and sixty-five cents ($4.65) per barrel of thirty-one (31) gallons, and a like rate for any other quantity or fraction thereof, is hereby levied and imposed on each and every barrel of beer containing not mo…

23-1009. Retailers’ local licenses. No retailer shall sell beer within this state, until he or it shall be licensed therefor by a municipality, if the business is to be conducted therein, and by the county wherein said business is to be conducted, and by the director. Application…

23-1010. License to sell beer at retail — Application procedure and form — Showing of eligibility for license and disqualifications. (1) Every person who shall apply for a state license to sell beer at retail shall tender the license fee to, and file written application for licen…

23-1011. Issuance of licenses. Notwithstanding any other provision of chapter 10, title 23, Idaho Code, all applications for retail sale of beer licenses, renewals, or transfers thereof, shall be first presented to the director of the Idaho state police for approval and issuance …

23-1011A. Officers may examine premises. The director or his duly authorized representative, the sheriff of any county, or any other police officer, shall have the right at any time to make an examination of the premises of any licensee as to whether the laws of the state of Idah…

23-1011B. Bars or taverns not allowed near churches or schools — Exceptions. No license shall be issued for any place where beer is sold or dispensed to be consumed on the premises, whether conducted for pleasure or profit, that is within three hundred (300) feet of any public sc…

23-1012. Hours of sale. (1) It shall be unlawful and a misdemeanor for any person in any place licensed to sell beer or where beer is sold or dispensed to be consumed on the premises, whether conducted for pleasure or profit, to sell, dispense or give away beer between the hours …

23-1013. Restrictions concerning age. Any person who is nineteen (19) years of age or older may sell, serve, possess or dispense beer in the course of his employment, otherwise it shall be unlawful for any person to sell, serve or dispense beer to or by any person under twenty-on…

23-1014. License fees. Every person licensed under the provisions of this chapter shall pay to the state of Idaho an annual license fee according to the following schedule: (1) Brewer annually producing (a) Under 10,000 gallons (b) 10,000 to 100,000 gallons (c) 100,000 to 930,000…

23-1015. County retailers’ license, when required, procedure. (1) It shall be unlawful for any retailer to sell beer without first procuring a retailer’s license from the county, said license to be issued on such conditions and terms as may be required by the board of county comm…

23-1016. Municipal license also required — Procedure. (1) It shall be competent and lawful for an incorporated municipality within the county wherein said county license to sell beer is granted by the county, by proper ordinance and regulation, to prohibit the sale of beer within…

23-1017. Intention of preceding section. It is hereby declared to be the intention of section 23-1016 that both counties and incorporated municipalities may levy and collect a license for the retail sale of beer as herein provided, and the granting of power to license retailer of…

23-1018. Sale of keg beer — Penalties. (1) Retail and wholesale licensees selling keg beer for consumption off licensed premises shall place an identification tag onto all kegs of beer at the time of sale and require the signing of a receipt therefor by the purchaser in order to …

23-1019. Beer sample tasting requirements and limitations for events on retail beer licensed premises. (1) Breweries, wholesalers and distributors may conduct or assist a retail beer licensee at a beer sample tasting on premises not licensed for the sale of beer by the individual…

23-1020. Penalty. Any person who violates any of the provisions of this act shall be guilty of a misdemeanor.

23-1022. Separability. If any portion of this act shall be declared unconstitutional it shall not invalidate the other provisions thereof.

23-1023. Beer — Authorization to deliver. The prohibition upon possession of beer by any person under twenty-one (21) years of age does not apply to possession by a person under the age of twenty-one (21) years making a delivery of beer in pursuance of the order of his parent or …

23-1024. False representation as being twenty-one or more years of age a misdemeanor. Any person under the age of twenty-one (21) years who shall by any means represent to any person licensed to sell beer at retail or wholesale, or to any agent or employee of such retail or whole…

23-1025. license and transfer fees — alcohol beverage control fund. All moneys from license and transfer fees that are collected by the director pursuant to the provisions of this chapter shall be paid over to the state treasurer for deposit in the alcohol beverage control fund c…

23-1027. Certificate of approval required of manufacturer. It shall be unlawful for any person licensed under the provisions of this act, to purchase, import, transport or cause to be transported into or within the state of Idaho any beer for resale therein, unless prior thereto …

23-1028. Warehouse and records of wholesalers and dealers. Each licensed wholesaler and dealer shall sell and distribute beer in this state only from stocks of beer that have been unloaded, stored, and maintained for no less than twenty-four (24) hours in a warehouse or warehouse…

23-1029. Posting of prices. Each licensed wholesaler, brewer and dealer engaged in selling beer for resale within this state, shall file with the director a written schedule of prices to be charged by him for beer sold within this state for resale therein, which schedule of price…

23-1030. Size of containers. No dealer or wholesaler shall purchase, receive or resell any beer except in the original container as prepared for the market by the brewer at the place of manufacture.

23-1031. Extension of credit. (1) No sale or delivery of beer shall be made to any licensed retailer, except for cash paid at the time of or prior to delivery thereof, or except as provided by electronic funds transfer in accordance with subsection (3) of this section, and in no …

23-1032. FINANCIAL INTEREST IN DEALER OR WHOLESALER PROHIBITED. (1) It shall be unlawful for any brewer, directly or indirectly, or through an affiliate, subsidiary, officer, director, agent or employee to have any financial interest in any licensed wholesaler’s or dealer’s busin…

23-1033. Financial interest in or aid to retailers prohibited — Certain aid permitted. (1) Except as provided in section 23-1003(d), Idaho Code, it shall be unlawful for any brewer, dealer, wholesaler, or the holder of any certificate of approval, directly or indirectly, or throu…

23-1033A. Prohibition of certain trade practices between brewers or dealers and wholesalers. (1) It shall be unlawful for any brewer or dealer, directly or indirectly, or through an affiliate, subsidiary, officer, director, agent or employee: (a) To require that any wholesaler pu…

23-1034. Sanitation rules for retailers. Licensed retailers authorized to sell beer for consumption upon such licensee’s premises, shall keep their premises and all coils, cups, mugs, steins, glasses, and other utensils used in connection with the sale and dispensing of beer in a…

23-1035. Retailer’s signs. Signs indicating that beer is sold or dispensed on any particular premises shall be displayed only on the exterior portion of the building where the licensed retailer shall carry on his business of selling beer at retail or on property on which any such…

23-1036. Tap markers. Every faucet, spigot or other dispensing apparatus used on the premises of a licensed retailer for dispensing draught beer shall conspicuously indicate thereon the brand or trade name of the beer or the trademark of the manufacturer of the beer drawn therefr…

23-1037. Determination to revoke, suspend or refuse renewal of license by director — Monetary penalty. (1) In the event of a conviction of any brewer manufacturing beer in this state or of any wholesaler or retailer licensed under the provisions of this chapter, of any law of the…

23-1037A. Licenses — Suspension or revocation for violation of obscenity laws. In the event of a conviction for a violation of chapter 41, title 18, Idaho Code, relating to obscenity, by any: (1) licensee, (2) agent of licensee or (3) employee of licensee if such licensee knew or…

23-1038. Suspension, revocation, and refusal to renew licenses. When the director shall make a determination to revoke, to suspend, or to refuse grant of renewal of license issued pursuant to the terms of this act for any violation of or failure to comply with the provisions of t…

23-1042. Procedure for other licensing authorities. The licensing authority of any county or incorporated municipality shall have and exercise the same powers to revoke, suspend, or to refuse grant of renewal of a retailer’s license issued or issuable by it, as are granted to the…

23-1043. Notice of revocation or suspension to other licensing authorities. When revocation or suspension of any licensed retailer’s license shall become effective by reason of the determination made by any licensing authority as in this act provided for, or by reason of the judg…

23-1044. Procedure on refusal to grant license. Upon a determination by the director or by the licensing authority of any county or municipality to refuse issuance of a license to an applicant upon original application, the same procedure herein provided for in cases involving re…

23-1045. Appeals. An appeal from the judgment of any district court on proceedings to contest a determination may be taken by either party to such proceedings to the Supreme Court of this state, in the same manner as in other civil actions. If the judgment of the district court s…

23-1046. Separability. If any portion of this act shall be declared unconstitutional, it shall not invalidate the other provisions thereof.

23-1047. payment of taxes on beer. Each person liable for payment of taxes on beer, as provided for in section 23-1048, Idaho Code, shall, on or before the 15th day of each month, or for such other period as the state tax commission may prescribe by rule, file a written report wi…

23-1048. Liability for payment of taxes on beer. (1) Every sale of beer to a retailer licensed in this state or to a consumer in this state shall constitute a sale of beer for resale or consumption in this state and such wholesaler shall be liable for the payment of taxes thereon…

23-1049. 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 …