Title 23 — ALCOHOLIC BEVERAGES

23-508. Manufacturer’s bond. As a condition precedent to the issuance of a manufacturer’s license, the applicant shall post a bond, written by a surety company authorized to do business in Idaho, in the penal sum of one thousand dollars ($1,000), conditioned for the faithful obse…

23-509. Manufacturers and wholesalers not to give liquor away. No manufacturer, wholesaler, or distributor shall give away any alcoholic liquor of any kind at any time in connection with his business, except for testing or sampling purposes only.

23-509A. Sample Tasting for manufacturers of distilled spirits. (1) For purposes of this section, "manufacturer of distilled spirits" means a distillery that holds a permit issued by the alcohol and tobacco tax and trade bureau (TTB) and is licensed by the state of Idaho as an Id…

23-509B. donations for benevolent, charitable, or public purposes — permit required. (1) As used in this section: (a) "Director" means the director of the Idaho state police. (b) "Event" means an event held for benevolent, charitable, or public purposes where all proceeds from th…

23-510. Inspection of manufactory. The division shall have the power at all times to inspect any manufactory for which a license is granted hereunder.

23-512. Sales for medical or scientific purposes. Under such rules and regulations as the division may adopt, it has authority to make sales of alcoholic liquor and ethyl alcohol from the division only: (a) To a registered pharmacist operating a drug store, for scientific and mec…

23-513. Term of permits or licenses. Every permit or license issued by the division shall expire twelve (12) months from the date issued.

23-514. Nature of permit. A permit shall be a personal privilege, subject to be denied, revoked, or canceled for its abuse. It shall not constitute property; nor shall it be subject to attachment and execution; nor shall it be alienable or assignable. Every permit shall be issued…

23-515. Inspection and examination of records of permits and sales. The records of the division with respect to permits and sales thereunder shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

23-516. Automatic voiding of permits. Whenever a permittee has been convicted by any court of any violation of the provisions of this act or of any crime in which the handling or use of intoxicating liquor was a contributing factor, such conviction ipso facto shall operate to voi…

23-517. Suspension and revocation of permits. The division may suspend or revoke a permit, for the abuse of its privileges, after reasonable notice and fair hearing in accordance with reasonable rules of procedure prescribed by it. In lieu of other remedies in this section author…

23-518. Surrender of permits. Whenever a permit shall have been voided, canceled or suspended, the holder thereof shall forthwith deliver the same to the division. The division shall notify all vendors and special distributors of voidances, cancellations and suspensions. No permi…

23-519. Specific grounds of suspension and revocation of permits. Without limiting the powers of the division in the matter of revocation of permits for other cause of abuse of the privilege, the division is hereby empowered to revoke or suspend a permit of any permittee upon sat…

23-520. Homemade beer, wine, mead, cider, and other fermented beverages at licensed premises. In addition to any other privilege granted to a licensee under this chapter, a licensee may conduct an organized judging, tasting, exhibition, contest, or competition of homemade beer, w…

23-521. storage of homemade beer, wine, mead, cider, and other fermented beverages. (1) In addition to any other privilege granted to a licensee under this chapter, a licensee may allow homemade beer, wine, mead, cider, or other fermented beverages produced under section 23-501, …

23-601. Violation of duty by officers and employees of division. Any officer or employee of the division who shall knowingly and willfully violate any of the provisions of this act, shall be guilty of a misdemeanor; and, upon conviction, shall be punishable by a fine of not less …

23-602. Unlawful manufacture, traffic in, transportation, and possession of alcohol beverage. Except as authorized by title 23, Idaho Code, any person who shall have in possession, manufacture, transport, purchase, sell, or dispose of any alcohol beverage, including any distilled…

23-603. Dispensing to a person under the age of twenty-one years. Any person who is eighteen (18) years of age or older who shall sell, give, or furnish, or cause to be sold, given, or furnished, alcohol beverage, including any distilled spirits, beer or wine, to a person under t…

23-604. Minors — Purchase, consumption or possession prohibited. Any person under twenty-one (21) years of age who shall purchase, attempt to purchase, or otherwise consume or possess any alcohol beverage, including any distilled spirits, beer or wine, shall be guilty of an infra…

23-604A. MINORS — LIMITED USE IMMUNITY. (1) Any person under twenty-one (21) years of age who, acting in good faith and for a medical emergency: (a) Is a person seeking or needs emergency medical assistance for himself or others; (b) Remains on the scene until emergency medical a…

23-605. Dispensing to drunk. Any person who sells, gives, or dispenses any alcohol beverage, including any distilled spirits, beer or wine, to another person who is intoxicated or apparently intoxicated shall be guilty of a misdemeanor.

23-606. False procurement of permit or license. Any person who procures, or attempts to procure, a permit or license under the provisions of title 23, Idaho Code, by false or fraudulent representations, or under a false or fictitious name, shall be guilty of a misdemeanor.

23-607. Advertising. Except as permitted by federal statute and regulations, there shall be no public advertisement or advertising of alcoholic liquors in any manner or form within the state of Idaho. (1) No person shall publish, exhibit, or display or permit to be displayed any …

23-608. Added penalty — Forfeiture of license or permit — Transmission of record. Whenever, in any court in this state, a defendant is convicted of a violation of title 23, Idaho Code, or of any law of this state relating to alcohol beverages including distilled spirits, beer or …

23-610. Possession of liquor not subject to regulation by division — illegal — Exceptions. It shall be unlawful for any person, who is not a licensee as defined in chapter 9, title 23, Idaho Code, to possess more than two (2) quarts of alcoholic liquor that has not been subjected…

23-611. Officers may seize illegal alcoholic liquor. The director of the Idaho state police or any of his agents, any sheriff, constable or other peace officer who shall find any liquor, possessed, manufactured, transported, purchased, sold or disposed of by any person in violati…

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 t…

23-614. Prohibited acts — Misdemeanors — Penalties. (1) It shall be unlawful for a licensee or his agent or employee to knowingly allow or engage in any of the following kinds of conduct on his licensed premises: (a) Any live conduct or entertainment by any person whose genitals,…

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, inc…

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 t…

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 …

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 ac…

23-703. Maintenance a misdemeanor. Any person who conducts or maintains a liquor nuisance is guilty of a misdemeanor.

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.

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 o…

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 …

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 existenc…

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 whic…

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 suc…

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.

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 …

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 execu…

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 p…

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 …

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.

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 …

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 suc…

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 attendan…

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…

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…