Title 23 — ALCOHOLIC BEVERAGES

23-101. Short title. This act may be cited as the "Idaho Liquor Act."

23-102. Purpose of act. This act is passed in the exercise of the police power of the state. It is not designed to abridge the personal privilege of a responsible adult to consume alcoholic liquor as a beverage, except in cases of the abuse of that privilege to the detriment of o…

23-103. Prior offenses and rights not affected. This act shall not impair or affect any act done, offense committed, or right accruing, secured, or acquired, or penalty, forfeiture or punishment incurred prior to its effective date, but the same may be enjoyed, asserted, enforced…

23-104. Separability. Should any section, clause, sentence, or provision of this act, be held invalid for any reason, such holding or decree shall not be construed as affecting the validity of any of the remaining portions hereof, it being declared that the legislature would have…

23-105. Alcoholic liquor defined. "Alcoholic liquor," as the term is used in this act, includes: (a) "Alcohol," meaning the product of distillation of any fermented liquor, rectified once or more than once, whatever may be the origin thereof, or synthetic ethyl alcohol. (b) "Spir…

23-201. director — Appointment and term. There shall be a state liquor division (in this act referred to as the "division"), in the office of the governor. The division shall be a division of the office of the governor for the purposes of chapter 8, title 67, Idaho Code, and the …

23-202. Principal place of business. The principal place of business of the division shall be in Ada county.

23-203. Powers and duties. The division shall have the following general powers and duties: (a) Regulation of Liquor Traffic. To permit, license, inspect and regulate the manufacture, importation, transportation, storage, sale and delivery of alcoholic liquor for purposes permitt…

23-206. Powers and duties of director as successor to Idaho liquor board. The director of the division shall have the following general powers and duties. (a) Supervision: To exercise general supervision of the conduct and business of the division. (b) Rules and Regulations: To p…

23-207. Specific rules and regulations. Without attempting or intending to limit the general powers of the director of the division contained in section 23-206, Idaho Code, such powers shall extend to and include the following: (a) Subject to the provisions of chapter 53, title 6…

23-208. director — Powers and duties. The director as the executive officer of the division, shall exercise all the powers and duties vested in the division.

23-209. Official bond of director. The director shall be bonded to the state of Idaho in the time, form and manner as prescribed by chapter 8, title 59, Idaho Code.

23-211. Personnel not to be interested in private liquor traffic. Neither the director nor any other officer or employee of the division shall, directly or indirectly, individually, or as a member of a partnership or as a shareholder in a corporation, have any private interest wh…

23-212. Personnel disqualified from other office or business. No officer or employee of the division shall, while holding such office or position, hold any other office or position or engage in any occupation or business inconsistent or interfering with the duties of such employm…

23-214. Officers and employees not personally liable. Neither the director nor any of the officers or employees of the division shall be liable for damages sustained by any person because of any act done in the performance of their respective duties under this act.

23-215. Price lists to be furnished by sellers. All sellers of liquors or wines to the division shall furnish to the director or other executive officer of said division, upon demand of such officer, a sworn statement showing the prices at which the same kind and grade of liquors…

23-216. Attorney or agent of seller — Name and address to be furnished. Any firm or person interested in the sale of liquors or wines to the division shall file with said division the name and address of any attorney or agent employed by such firm or person in the state of Idaho,…

23-217. Surcharge added to price of alcoholic liquor and all other merchandise sold — Collection and remission by director. (1) The director of the division is hereby authorized and directed to include in the price of alcoholic liquor and all other merchandise sold in the divisio…

23-301. Liquor stores — Notice of intent to locate. (a) The division may establish and maintain liquor stores in any city organized under general or special law. Before any store site or distributing station may be established within a city or unincorporated area that does not ha…

23-302. Distributing stations — Notice of intent to locate. (a) The division may select a special distributor in any municipality where in its judgment a liquor store is not required; or in any unincorporated locality, but only if satisfied of the existence therein of adequate lo…

23-303. Proximity of school. No liquor store or distribution station shall be located within three hundred (300) feet of a school.

23-304. Qualifications of special distributors. A special distributor shall have been a resident of the state for at least six (6) months prior to his selection and shall be a person having a reputation for probity, temperance and integrity.

23-305. Compensation of special distributors. Special distributors shall receive uniform compensation, which compensation shall be considered a part of the cost of sales, according to classifications fixed by the division.

23-306. General conduct and management. In the conduct and management of liquor stores and distributing stations, special distributors shall be subject to the provisions of this act and the rules and regulations of the division.

23-307. Days when sales are prohibited. It shall be unlawful to transact the sale or delivery of any alcoholic liquor in, on, or from the premises of any state liquor store or distributing station: (a) After the closing hours as established by the division. (b) On any Thanksgivin…

23-308. County option Sunday liquor sales — Resolution of county commissioners — Local option county election. (1) The board of county commissioners of each county may, by resolution regularly adopted, allow for the sale or delivery of any alcoholic liquor in, on, or from the pre…

23-308A. Form of local option county election ballot. The county clerk shall furnish the ballots to be used in the local option county election, which ballots shall contain the following words: "Shall the sale or delivery of any alcoholic liquor in, on, or from the premises of an…

23-308B. Effect of local option county election. Upon a canvass of the votes cast, the clerk of the county shall certify the result thereof to the director of the Idaho state police and to the director of the division. If a majority of the votes cast are "Shall the sale or delive…

23-308C. Subsequent local option county elections. A similar local county option election may be subsequently called and held upon the issue of whether the sale or delivery of any alcoholic liquor in, on, or from the premises of any state liquor store or distributing station shal…

23-309. Sales. No state liquor store or special distributor shall sell any alcoholic liquor or any other merchandise on behalf of the division except for cash, check, money order, credit card, electronic funds transfer or debit card. In addition, the division shall, under such ru…

23-310. Original package. Alcoholic liquor shall be sold and purchased only in the original package.

23-311. Containers. No alcoholic liquor shall be sold to any purchaser, who is not a licensee as defined in chapter 9, title 23, Idaho Code, except in a sealed container and no such container shall be opened upon the premises of any state warehouse, store, or distributing station…

23-312. Persons under twenty-one and intoxicated persons — Inhibited sales. No officer, agent, or employee of the division shall sell any alcoholic liquor to a person under the age of twenty-one (21) years or to any person intoxicated or apparently intoxicated.

23-313. Liquor not to be consumed on premises. No vendor, officer, clerk, servant, agent, or employee of the division employed in any state liquor store, state-owned warehouse, or distributing station shall allow any alcoholic liquor to be consumed on the premises of such state w…

23-314. sample tastings in retail stores. (1) As used in this section: (a) "Distilled spirits supplier" means any manufacturer, rectifier, importer, or broker of liquor products offered for sale by the division. (b) "Retail store" means any state liquor store and does not include…

23-401. Liquor account created. The state treasurer shall be custodian of an account in the agency asset fund, which is hereby created, to be known as the "liquor account," into which shall be paid all revenues derived from sales of alcoholic beverages and other merchandise, exci…

23-402. Appropriation. All moneys appropriated for, accruing to, or received by said fund are hereby appropriated for the purpose of this act for the purchase of alcoholic liquor, and the purchase of other nonalcohol merchandise sold through the division and payment of expenses o…

23-403. Reserve. No distribution of any surplus from the liquor fund shall be made as provided in the following section, unless there shall be moneys in said fund after setting aside and reserving the following: (a) Funds sufficient to pay all current obligations of the division.…

23-404. Distribution of moneys in liquor account. (1) The moneys received into the liquor account shall be transferred or appropriated as follows: (a) An amount of money equal to the actual cost of purchase of alcoholic liquor and payment of expenses of administration and operati…

23-406. Administrative expense. Claims for salaries, wages, and other compensation, premiums on official bonds, traveling and other expenses of the director and other officers and employees, and all other expenditures made by the division in the exercise of its powers hereunder s…

23-407. Deposit of revenue. It shall be the duty of all special distributors, officers, agents, and employees to report and pay over to the division, in such manner and pursuant to such rules as may be adopted by it, all revenues derived from the sale of alcoholic beverages, all …

23-408. Substance abuse treatment fund. There is hereby created in the state treasury, the substance abuse treatment fund. Moneys remitted to the substance abuse treatment fund by the division and from the tax on beer and wine are intended to be utilized for substance abuse treat…

23-409. Drug and mental health court supervision fund. There is hereby created in the state treasury, the drug and mental health court supervision fund. Moneys remitted to the drug and mental health court supervision fund by the division are intended to be utilized by the Idaho d…

23-501. wine, beer, mead, cider, and other fermented beverages for personal use. (1) Any person shall have the privilege of manufacturing wine, beer, mead, cider, or other fermented beverages for the personal use of himself, family, and guests. (2) The production of wine, beer, m…

23-502. Sacramental wine. A minister, priest, rabbi, or religious organization shall have the privilege of purchasing wine for sacramental purposes from the division or from any other source within or without the state.

23-503. Denatured alcohol. Any person, firm, or corporation may manufacture or sell denatured or wood alcohol.

23-504. Alcoholic nonbeverages. Any person may manufacture or sell patent and proprietary medicines, tinctures, food products, extracts, toilet articles and perfumes, and other like commodities, which are not generally classified or used as beverages, although they contain as one…

23-505. Transportation of alcoholic beverages. (1) Alcoholic liquor lawfully purchased may be transported, but no person shall break open, or allow to be broken or opened any container of alcoholic liquor, or drink, or use, or allow to be drunk, or used any alcoholic liquor there…

23-506. Permissive uses subject to regulation. Any person shall have the privilege of the permissive uses hereinbefore referred to in this article without payment of fee, subject to such reasonable general regulations as the division may promulgate for the purpose of preventing a…

23-507. Manufacturers’ licenses. The division may grant a license to a manufacturer of alcoholic liquor for sale to the division and to customers outside of the state, subject to such regulations as the division may adopt. The fee for such permit shall be one hundred dollars ($10…