Title 23 — ALCOHOLIC BEVERAGES

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 liqu…

23-902. Definitions. The following words and phrases used in this chapter shall be given the following interpretation: (1) "Club" includes any of the following organizations where the sale of spirituous liquor for consumption on the premises is made to members and to bona fide gu…

23-903. License to retail liquor. (1) The director of the Idaho state police is hereby empowered, authorized, and directed to issue licenses to qualified applicants, as provided in this chapter, whereby the licensee shall be authorized and permitted to sell liquor by the drink at…

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 commis…

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…

23-903c. licenses issued to resort city restaurants. (1) Resort city restaurant liquor license. Upon a finding of proof by the mayor and city council and subject to approval of the mayor and city council and notwithstanding the population limitations set forth in section 23-903(1…

23-904. License fees. Each licensee licensed under the provisions of this act shall pay an annual license fee to the director as follows: (1) For each license in a city of one thousand (1,000) population or less, three hundred dollars ($300) per annum. (2) For each license in a c…

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 ap…

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…

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 i…

23-908. Form of license — Authority — Expiration — Limitations. (1) Every license issued under the provisions of this chapter shall set forth the name of the person to whom issued, the location by street and number, or other definite designation, of the premises, and such other i…

23-910. Persons not qualified to be licensed. No license shall be issued to: (1) Any person, or any one (1) of its members, officers, or governing board, who has, within three (3) years prior to the date of making application, been convicted of any violation of the laws of the Un…

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 finan…

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 financiall…

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 th…

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 pu…

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…

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 w…

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 …

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 choic…

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,…

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 subs…

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.

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 maintai…

23-927. Hours of sale of liquor. (1) No liquor shall be sold, offered for sale, or given away upon any licensed premises, and all liquor not in sealed bottles must be locked in a separate room or cabinet during the following hours: a. Sunday, Memorial Day, Thanksgiving and Christ…

23-928. Sale away from licensed premises prohibited — Gambling prohibited. (1) It shall be unlawful for any licensee to sell, give away, dispense, vend, or deliver any liquor in any fashion or by means or device, except upon the licensed premises. (2) It shall be unlawful for any…

23-930. Officers may examine premises. The director or his duly authorized representative, the sheriff of any county, a constable, or other police officer, shall have the right at any time to make an examination of the premises of any licensee as to whether the laws of the state …

23-931. Advertising prohibited. It shall be unlawful for any licensee to adopt or use any name, sign or advertisement outside of the licensed premises advertising the handling or sale of liquor.

23-932. Director to make regulations — Furnish forms and records. For the purpose of the administration of this act the director shall make, promulgate and publish such rules and regulations as the said director may deem necessary for carrying out the provisions of this act and f…

23-933. Suspension, revocation, and refusal to renew licenses. (1) The director may suspend, revoke, or refuse to renew a license issued pursuant to the terms of this chapter for any violation of or failure to comply with the provisions of this chapter or rules and regulations pr…

23-933A. Licenses — Suspension or revocation for violation of obscenity laws. In the event of a conviction for a violation of chapter 41, title 18, Idaho Code, relating to obscenity, by any: (1) licensee, (2) agent of licensee or (3) employee or licensee if such licensee knew or …

23-933B. Procedure for other licensing authorities. The licensing authority of any county or incorporated municipality shall have and exercise the same powers to revoke, suspend, or to refuse grant of renewal of a retailer’s license issued or issuable by it, as are granted to the…

23-934. Unlicensed rooms unlawful — Exception. It shall be unlawful for any person to keep or maintain any rooms or premises in which liquor is received or kept, whether owned by such person or by another, or to which liquor is brought, for consumption on the premises by members …

23-934A. Alcohol beverage catering permit — Application. An alcohol beverage catering permit is a permit issued pursuant to this section that authorizes the permittee to serve and sell liquor by the drink, beer and wine, or beer, or wine, at a festival or convention, for a time p…

23-934B. Filing of application — Approval. Upon the filing of an application for an alcohol beverage catering permit, the city council or its designee, or county commissioners or their designee receiving the application shall, upon the advice and recommendation of the chief of po…

23-934C. Regulatory and penalty provisions applicable. All of the regulatory and penal provisions of title 23, Idaho Code, shall apply to the exercise of alcohol beverage catering permits, including the penalties for violations thereof, except such provisions declared to be inapp…

23-935. Violation — Misdemeanors. A violation of any of the provisions of this act by any agent, employee, servant, or other person in any way acting in behalf of the licensee shall be presumed to be a violation by the licensee. Any person violating any of the provisions of this …

23-936. Duty of public officers. It is hereby made the duty of the prosecuting attorneys, sheriffs, and all constables and peace officers of the counties or municipalities knowing of any violation of this act to make complaint before the proper tribunal and perform the duties of …

23-937. Violation a moral nuisance. Any violation of the provisions of this act or any rule or regulation of the director promulgated hereunder shall constitute a moral nuisance under the provisions of section 52-204, Idaho Code.

23-938. Selling liquor without license — Penalty. Any person who sells or keeps for sale any liquor without a license as provided in this act shall be guilty of a felony and upon conviction thereof shall be fined not less than one thousand dollars ($1,000) or more than five thous…

23-939. Separability. If any clause, sentence, paragraph, section, or any part of this act, shall be declared and adjudged to be invalid and/or unconstitutional, such invalidity or unconstitutionality shall not affect, invalidate, or nullify the remainder of this act.

23-940. alcohol beverage control fund. (1) There is hereby created in the state treasury the alcohol beverage control fund. All moneys from license and transfer fees that are collected by the director pursuant to the provisions of this chapter shall be paid over to the state trea…

23-941. Declaration of public policy. It is hereby declared that the intent of this act is to restrict persons under the ages herein specified from entering, remaining in or loitering in or about certain places, as herein defined, which are operated and commonly known as taverns,…

23-942. Definitions. The following definitions shall apply in the interpretation of the enforcement of this act: (a) "Licensee" shall mean any person licensed to sell liquor by the drink at retail pursuant to the provisions of chapter 9, title 23, Idaho Code, and any person licen…

23-943. Persons under specified ages forbidden to enter, remain in or loiter at certain licensed places. No person under the age of twenty-one (21) years shall enter, remain in or loiter in or about any place, as herein defined, licensed for the sale of liquor by the drink at ret…

23-943A. Identification. It shall be a misdemeanor for any person to refuse to present identification indicating age, when requested by a peace officer of the state of Idaho when: (a) he or she shall possess, purchase, attempt to purchase or consume alcoholic liquor, as defined b…

23-944. Exceptions from restriction on entering or remaining. It shall not be unlawful for, nor shall section 23-943, Idaho Code, be construed to restrict, any person under the age of twenty-one (21) years from entering or being: (1) Upon the premises of any restaurant, as herein…

23-945. Posting signs as to restriction. Every licensee herein referred to shall keep a sign conspicuously posted over or near each entrance to any place from which persons under twenty-one (21) years are herein restricted giving public notice of such fact. The wording and size o…

23-946. Statement made by licensees of premises operated as restaurants — Indorsement upon license. (a) Every applicant for a state license for the sale of liquor by the drink or for the sale of beer for consumption on the premises claiming that the premises for which such licens…

23-947. Violations of act a misdemeanor. The violation of any of the provisions of this act shall constitute a misdemeanor.