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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1230
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
ALCOHOLIC
BEVERAGES;
AMENDING
SECTION
23
-
509B,
IDAHO
CODE,
TO
2
REVISE
A
PROVISION
REGARDING
A
FORM
OF
APPLICATION
AND
TO
ESTABLISH
A
3
PERMIT
FEE;
AMENDING
SECTION
23
-
904,
IDAHO
CODE,
TO
REVISE
PROVISIONS
4
REGARDING
LICENSE
FEES;
AMENDING
SECTION
23
-
1004,
IDAHO
CODE,
TO
REVISE
5
A
PROVISION
REGARDING
LICENSE
FEES;
AMENDING
SECTION
23
-
1005A,
IDAHO
6
CODE,
TO
REVISE
PROVISIONS
REGARDING
LICENSE
FEES
AND
TO
MAKE
TECHNICAL
7
CORRECTIONS;
AMENDING
SECTION
23
-
1007A,
IDAHO
CODE,
TO
REVISE
A
PROVI
-
8
SION
REGARDING
PERMIT
FEES
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AMENDING
9
SECTION
23
-
1014,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
LICENSE
10
FEES;
AMENDING
SECTION
23
-
1309A,
IDAHO
CODE,
TO
REVISE
A
PROVISION
1
1
REGARDING
REGISTRATION
FEES,
TO
REVISE
A
PROVISION
REGARDING
PERMIT
12
FEES,
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AMENDING
SECTION
23
-
1315,
13
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
LICENSE
FEES;
AMENDING
SEC
-
14
TION
23
-
1317,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
LICENSE
FEES
15
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AMENDING
SECTION
23
-
1336,
IDAHO
16
CODE,
TO
REVISE
A
PROVISION
REGARDING
PERMIT
FEES
AND
TO
MAKE
TECHNICAL
17
CORRECTIONS;
PROVIDING
SEVERABILITY;
AND
DECLARING
AN
EMERGENCY
AND
18
PROVIDING
AN
EFFECTIVE
DATE.
19
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
20
SECTION
1.
That
Section
23
-
509B,
Idaho
Code,
be,
and
the
same
is
hereby
21
amended
to
read
as
follows:
22
23
-
509B.
DONATIONS
FOR
BENEVOLENT,
CHARITABLE,
OR
PUBLIC
PURPOSES
-
-
23
PERMIT
REQUIRED.
(1)
As
used
in
this
section:
24
(a)
"Director"
means
the
director
of
the
Idaho
state
police.
25
(b)
"Event"
means
an
event
held
for
benevolent,
charitable,
or
public
26
purposes
where
all
proceeds
from
the
event,
after
deducting
reasonable
27
expenses,
must
be
donated
for
a
benevolent,
charitable,
or
public
pur
-
28
pose.
29
(c)
"Licensee"
is
as
defined
in
section
23
-
902,
Idaho
Code.
30
(d)
"Liquor
producer"
means
any
liquor
manufacturer,
producer,
or
sup
-
31
plier
or
a
representative
of
a
manufacturer,
producer,
or
supplier.
32
(e)
"Person"
is
as
defined
in
section
23
-
902,
Idaho
Code,
and
who
has
33
not
been
issued
a
license
in
this
state
for
the
sale
of
alcoholic
bever
-
34
ages.
35
(2)
Notwithstanding
the
provisions
of
section
23
-
509,
Idaho
Code,
any
36
liquor
producer
may
donate
packaged,
unopened,
and
sealed
liquor
to
a
person
37
for
an
event
as
provided
in
this
section.
Any
liquor
donated
under
this
sec
-
38
tion
must
have
been
acquired
from
the
state
liquor
division.
39
(3)
To
sell
or
dispense
packaged,
unopened,
and
sealed
liquor,
a
per
-
40
son
must
apply
for
a
permit
from
the
alcohol
beverage
control
bureau.
The
41
director
may
issue
the
permit.
All
proceeds
from
the
sale,
after
deducting
42
2
reasonable
expenses,
must
be
donated
for
a
benevolent,
charitable,
or
public
1
purpose.
2
(4)
The
director
shall
prescribe
the
form
of
application,
pursuant
to
3
his
duties
in
section
23
-
932,
Idaho
Code.
Such
form
of
application
shall
be
4
substantially
similar
to
the
form
described
in
section
23
-
1336,
Idaho
Code,
5
and
may
include
any
other
information
the
director
deems
necessary
and
any
6
information
directly
related
to
the
event
and
the
applicant
that
the
direc
-
7
tor
may
require.
The
director
shall
collect
a
fee
of
fifty
dollars
($50.00)
8
for
each
permit
issued
.
9
(5)
A
licensee
may,
on
behalf
of
a
person
granted
a
permit
under
this
10
section,
receive
and
store
liquor
to
be
used
at
the
event
and
may
dispense
1
1
such
liquor
to
attendees
of
the
event
for
which
the
permit
was
issued.
The
12
licensee
must
act
in
accordance
with
any
applicable
provisions
of
this
ti
-
13
tle.
14
(6)
The
director
may
suspend,
revoke,
or
refuse
to
renew
a
license
for
15
any
violation
of
or
failure
to
comply
with
the
provisions
of
chapter
9,
ti
-
16
tle
23,
Idaho
Code.
Procedures
for
the
suspension,
revocation,
or
refusal
to
17
grant
or
renew
licenses
shall
be
in
accordance
with
the
provisions
of
chapter
18
52,
title
67,
Idaho
Code.
19
(7)
If
a
permittee
fails
to
comply
with
permit
requirements,
the
direc
-
20
tor
may
revoke
existing
permits
or
deny
future
permits
under
this
section
un
-
21
til
the
permittee
cures
the
failure.
22
SECTION
2.
That
Section
23
-
904,
Idaho
Code,
be,
and
the
same
is
hereby
23
amended
to
read
as
follows:
24
23
-
904.
LICENSE
FEES.
Each
licensee
licensed
under
the
provisions
of
25
this
act
shall
pay
an
annual
license
fee
to
the
director
as
follows:
26
(1)
For
each
license
in
a
city
of
one
thousand
(1,000)
population
or
27
less,
three
hundred
dollars
($300)
four
hundred
eighty
dollars
($480)
per
28
annum.
29
(2)
For
each
license
in
a
city
of
from
one
thousand
(1,000)
to
three
30
thousand
(3,000)
population,
five
hundred
dollars
($500)
eight
hundred
dol
-
31
lars
($800)
per
annum.
32
(3)
For
each
license
in
a
city
having
a
population
of
more
than
three
33
thousand
(3,000),
seven
hundred
fifty
dollars
($750)
one
thousand
two
hun
-
34
dred
dollars
($1,200)
per
annum.
35
(4)
For
each
railroad
train
,
for
sale
sales
only
in
buffet,
club
or
din
-
36
ing
cars,
fifty
dollars
($50.00)
eighty
dollars
($80.00)
per
annum
of
the
37
scheduled
run
of
such
train
within
the
state
of
Idaho;
provided,
that
such
38
license
shall
be
in
full
,
and
in
lieu
of
all
other
licenses
herein
provided
39
for.
40
(5)
For
each
common
carrier
boat
line
,
for
sale
sales
only
in
buffet,
41
club
or
dining
rooms,
two
hundred
fifty
dollars
($250)
four
hundred
dollars
42
($400)
per
annum.
Such
license
shall
be
in
full
,
and
in
lieu
of
all
other
li
-
43
censes
herein
provided
for.
44
(6)
For
each
license
issued
to
the
owner,
operator,
or
lessee
of
a
golf
45
course
as
described
in
section
23
-
903,
Idaho
Code,
or
to
the
lessee
of
any
46
premises
situate
on
such
golf
course,
situate
in
any
county
having
a
popula
-
47
tion
of:
48
3
(a)
Less
than
twenty
thousand
(20,000),
two
hundred
dollars
($200)
1
three
hundred
twenty
dollars
($320)
per
annum;
2
(b)
Twenty
thousand
(20,000)
but
less
than
forty
thousand
(40,000),
3
three
hundred
dollars
($300)
four
hundred
eighty
dollars
($480)
per
4
annum;
and
5
(c)
Forty
thousand
(40,000)
or
more,
four
hundred
dollars
($400)
six
6
hundred
forty
dollars
($640)
per
annum.
7
(7)
For
each
common
carrier
airline
,
for
sale
sales
only
in
common
car
-
8
rier
aircraft,
two
hundred
fifty
dollars
($250)
four
hundred
dollars
($400)
9
per
annum.
Such
license
shall
be
in
full
,
and
in
lieu
of
all
other
licenses
10
herein
provided
for.
1
1
(8)
For
each
license
issued
to
the
owner,
operator,
or
lessee
of
a
12
restaurant
operated
on
an
airport,
as
described
in
section
23
-
903,
Idaho
13
Code,
situate
within
the
corporate
limits
of
a
city,
the
fee
shall
be
the
same
14
as
provided
in
paragraphs
(1)
through
(3),
inclusive,
of
this
section.
15
(9)
For
each
license
issued
to
the
owner,
operator,
or
lessee
of
a
16
restaurant
operated
on
an
airport,
as
described
in
section
23
-
903,
Idaho
17
Code,
situate
without
the
corporate
limits
of
a
city,
the
fee
shall
be
the
18
same
as
provided
in
paragraph
(6)
of
this
section.
Licenses
issued
under
and
19
pursuant
to
the
provisions
of
this
act
shall
expire
at
1:00
o'clock
a.m.
on
20
the
first
day
of
January
of
the
following
year.
21
(10)
For
each
license
issued
to
an
owner
or
operator
of
a
year
-
round
22
resort
as
described
in
section
23
-
957,
Idaho
Code,
a
one
(1)
time
onetime
23
fee
of
twenty
-
five
thousand
dollars
($25,000),
with
a
subsequent
renewal
24
fee
of
three
thousand
five
hundred
dollars
($3,500)
per
annum.
For
each
25
license
issued
to
an
owner
or
operator
of
a
beverage,
lodging
or
dining
fa
-
26
cility
within
the
premises
of
a
year
-
round
resort
as
described
in
section
27
23
-
957,
Idaho
Code,
a
one
(1)
time
onetime
fee
of
twenty
-
five
thousand
dol
-
28
lars
($25,000)
with
a
subsequent
renewal
fee
of
three
thousand
five
hundred
29
dollars
($3,500)
per
annum.
For
each
license
issued
to
a
lessee
of
a
bever
-
30
age,
lodging
or
dining
facility
within
the
premises
of
the
year
-
round
resort
31
as
described
in
section
23
-
957,
Idaho
Code,
a
one
(1)
time
onetime
fee
of
32
twenty
-
five
thousand
dollars
($25,000)
with
a
subsequent
renewal
fee
of
33
three
thousand
five
hundred
dollars
($3,500)
per
annum.
34
Provided
that
any
licensee
who
operates
for
only
a
portion
of
a
year
may
35
have
his
license
fee
prorated
from
the
date
he
commences
operation
to
the
end
36
of
the
calendar
year,
but
in
no
event
for
less
than
six
(6)
months.
37
In
the
event
a
licensee
who
was
previously
issued
a
license
on
a
prorated
38
basis
under
the
provisions
hereof
desires
to
have
such
license
renewed
for
39
the
same
period
for
the
next
succeeding
year,
he
shall
file
his
intention
to
40
so
apply
for
such
license
with
the
director,
accompanied
by
the
fee
required
41
for
the
issuance
of
such
license
on
or
before
December
31
of
the
year
preced
-
42
ing.
43
The
license
fees
herein
provided
for
are
exclusive
of
and
in
addition
to
44
other
license
fees
chargeable
in
the
state
of
Idaho.
45
The
basis
upon
on
which
respective
populations
of
municipalities
shall
46
be
determined
is
the
last
preceding
census
or
any
subsequent
special
census
47
conducted
by
the
United
States
bureau
of
the
census,
unless
a
direct
enumer
-
48
ation
of
the
inhabitants
thereof
be
made
by
the
state
of
Idaho,
in
which
case
49
such
later
direct
enumeration
shall
constitute
such
basis.
50
4
SECTION
3.
That
Section
23
-
1004,
Idaho
Code,
be,
and
the
same
is
hereby
1
amended
to
read
as
follows:
2
23
-
1004.
DEALERS'
LICENSE
FEE.
Every
dealer
for
whom
no
license
fee
is
3
elsewhere
provided
in
this
act
shall,
except
as
provided
in
section
23
-
1003,
4
Idaho
Code,
pay
to
the
state
of
Idaho
an
annual
license
fee
of
one
hundred
5
dollars
($100)
one
hundred
sixty
dollars
($160)
,
and
a
like
amount
for
each
6
separate
warehouse
used
for
the
purpose
of,
or
in
connection
with,
the
im
-
7
porting
of
beer
into
this
state.
8
SECTION
4.
That
Section
23
-
1005A,
Idaho
Code,
be,
and
the
same
is
hereby
9
amended
to
read
as
follows:
10
23
-
1005A.
TRANSFER
OF
LICENSE
-
-
FEE
-
-
APPLICATION
FOR
APPROVAL.
(a)
1
1
No
brewer,
dealer
or
wholesaler
of
beer
license
issued
pursuant
to
section
12
23
-
1003,
Idaho
Code,
or
any
beer
retailer
license
issued
pursuant
to
section
13
23
-
1010,
Idaho
Code,
may
be
transferred
to
another
person,
including
an
14
executor,
administrator,
or
trustee
in
bankruptcy
of
the
estate
of
the
li
-
15
censee,
unless
the
transferee
shall
first
have
obtained
the
approval
of
the
16
director
to
such
transfer
upon
on
an
application
containing
substantially
17
the
same
information
required
of
an
applicant
for
a
brewer's,
dealer's,
18
wholesaler's
or
retailer's
beer
license,
as
the
case
may
be.
If
the
trans
-
19
feree
possesses
all
the
qualifications
and
none
of
the
disqualifications
20
for
such
license,
the
director
shall
approve
the
transfer
by
issuing
a
li
-
21
cense
to
the
transferee.
The
fee
for
each
transfer
of
a
brewer's,
dealer's,
22
wholesaler's
or
retailer's
beer
license
shall
be
twenty
dollars
($20.00)
23
thirty
-
two
dollars
($32.00)
,
which
fee
shall
accompany
the
application
for
24
transfer.
25
(b)
Application
for
a
transfer
of
any
beer
license
from
one
location
to
26
another
shall
be
made
to
the
director
on
forms
prescribed
and
furnished
by
27
the
director.
The
director
shall
approve
such
transfer
upon
submission
of
28
the
application
and
receipt
by
the
director
of
a
transfer
fee
of
twenty
dol
-
29
lars
($20.00)
thirty
-
two
dollars
($32.00)
.
30
(c)
The
director,
in
his
discretion,
may
deny
the
transfer
of
a
license
31
during
the
pendancy
pendency
of
any
proceedings
for
suspension
or
revocation
32
instituted
pursuant
to
the
provisions
of
this
chapter.
33
SECTION
5.
That
Section
23
-
1007A,
Idaho
Code,
be,
and
the
same
is
hereby
34
amended
to
read
as
follows:
35
23
-
1007A.
BEER
SOLD
OR
DONATED
FOR
BENEVOLENT,
CHARITABLE
OR
PUBLIC
36
PURPOSES
-
-
PERMIT
REQUIRED.
(1)
Notwithstanding
the
provisions
of
section
37
23
-
1007,
Idaho
Code,
to
the
contrary,
nothing
shall
prevent
any
licensed
38
dealer,
wholesaler
or
retailer
from
selling
or
donating
unbroken
packages
of
39
beer
or
kegs
of
beer
to
a
person
which
that
has
not
been
issued
any
license
for
40
the
sale
of
alcoholic
beverages
in
this
state,
for
benevolent,
charitable
or
41
public
purposes
if
a
permit
has
been
issued
to
the
person
or
nonprofit
entity
42
as
provided
in
subsection
(2)
of
this
section.
43
(2)
Upon
application
to
the
director
of
the
Idaho
state
police,
the
di
-
44
rector
may
issue
a
permit
authorizing
the
sale
or
dispensing
of
beer
by
a
per
-
45
son
if
the
director
is
satisfied
that
the
proceeds,
after
deducting
reason
-
46
5
able
expenses
incurred,
will
be
donated
for
a
benevolent,
charitable
or
pub
-
1
lic
purpose.
The
director
shall
prescribe
the
form
of
the
application
,
which
2
may
require:
3
(a)
Disclosure
of
names
of
sponsors;
4
(b)
Quantities
and
types
of
beer
products
to
be
used
at
the
event;
5
(c)
Names
The
name
of
the
dealer
or
wholesaler
from
whom
the
beer
is
to
6
be
received;
7
(d)
The
retailer,
if
any,
designated
by
such
person
or
nonprofit
entity
8
to
receive,
store
or
dispense
beer
on
behalf
of
the
permittee;
9
(e)
Dates
and
hours
during
which
the
permit
is
to
be
effective,
not
to
10
exceed
three
(3)
consecutive
days;
1
1
(f)
That
the
applicant
submit
a
report
to
the
director
subsequent
to
the
12
benevolent,
charitable
or
public
purpose
event
showing
the
disposition
13
of
funds
from
the
event;
and
14
(g)
Such
other
information
directly
related
to
the
event
and
the
appli
-
15
cant
that
the
director
may
require.
16
The
director
shall
collect
a
twenty
dollar
($20.00)
fee
of
thirty
-
two
dol
-
17
lars
($32.00)
for
each
permit
issued.
18
(3)
Should
the
director
determine
that
an
applicant,
permittee
or
its
19
representative
is
violating
or
has
in
the
past
violated
any
law
pertaining
20
to
the
dispensing
or
sale
of
beer
by
a
licensed
retailer
relating
to
hours
of
21
sale,
relating
to
restrictions
concerning
age
provided
in
section
23
-
1013,
22
Idaho
Code,
or
has
failed
in
the
past
to
submit
such
information
as
may
have
23
been
requested
by
the
director,
such
permit
may
be
summarily
suspended
by
the
24
director
prior
to
hearing,
or
may
be
denied
or
cancelled
canceled
pending
a
25
hearing.
26
(4)
A
licensed
retailer
may,
on
behalf
of
the
permittee,
receive
or
27
store
beer
to
be
used
at
the
event
and
may
dispense
such
beer
to
attendees
of
28
the
benevolent,
charitable
or
public
purpose
event
for
which
the
permit
was
29
issued.
30
SECTION
6.
That
Section
23
-
1014,
Idaho
Code,
be,
and
the
same
is
hereby
31
amended
to
read
as
follows:
32
23
-
1014.
LICENSE
FEES.
Every
person
licensed
under
the
provisions
of
33
this
chapter
shall
pay
to
the
state
of
Idaho
an
annual
license
fee
according
34
to
the
following
schedule:
35
(1)
Brewer
annually
producing
Fee
36
(a)
Under
10,000
gallons
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
50.00
$80
37
(b)
10,000
to
100,000
gallons
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$100.00
$160
38
(c)
100,000
to
930,000
gallons
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$200.00
$320
39
(d)
930,000
gallons
or
more
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$500.00
$800
40
A
like
amount
shall
be
paid
for
each
separate
brewery
operated
by
the
li
-
41
censee.
42
(2)
Wholesaler
,
for
43
(a)
For
each
separate
warehouse
used
for
the
purpose
of
wholesaling
or
44
dispensing
beer
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$300.00
$480
45
(3)
Dealer
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$100.00
$160
46
(4)
Retailer
47
(a)
For
each
store
from
which
beer
is
retailed
.
.
.
.
.
.
.
.
.
.
.
.
.
$
50.00
$80
48
6
(b)
For
each
store
from
which
a
licensed
retailer
sells
keg
beer
for
1
consumption
off
premises
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
20.00
$32
2
Nothing
in
this
chapter
shall
be
so
construed
to
prohibit
municipalities
or
3
counties
from
licensing
and
regulating
places
of
business
where
beer
is
sold
4
to
the
consumer.
5
SECTION
7.
That
Section
23
-
1309A,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
23
-
1309A.
SHIPMENT
AND
RECEIPT
OF
WINE
AUTHORIZED
-
-
LABELING
RE
-
8
QUIREMENT.
(1)
Notwithstanding
any
other
provision
of
law,
rule
or
regula
-
9
tion
to
the
contrary,
any
holder
of
a
winery
license
under
section
23
-
1306,
10
Idaho
Code,
or
any
person
holding
a
license
to
manufacture
wine
in
another
1
1
state
who
obtains
a
wine
direct
shipper
permit
pursuant
to
this
section
may
12
sell
and
ship
up
to
twenty
-
four
(24)
nine
-
liter
nine
(9)
liter
cases
of
wine
13
annually
directly
to
a
resident
of
Idaho,
who
is
at
least
twenty
-
one
(21)
14
years
of
age,
for
the
resident's
personal
use
and
not
for
resale.
15
(2)
Before
sending
any
shipment
to
a
resident
of
Idaho,
the
wine
direct
16
shipper
permit
holder
must:
17
(a)
File
an
application
with
the
director;
18
(b)
Pay
a
fifty
dollar
($50.00)
an
annual
registration
fee
of
eighty
19
dollars
($80.00)
if
the
winery
is
not
currently
licensed
by
the
direc
-
20
tor;
21
(c)
Provide
the
director
its
Idaho
winery
license
number
or
a
true
copy
22
of
its
current
alcoholic
beverage
license
issued
by
another
state;
23
(d)
Obtain
from
the
director
a
wine
direct
shipper
permit;
24
(e)
Register
with
the
state
tax
commission
for
the
payment
of
sales
and
25
use
taxes
and
excise
taxes
on
wine
sold
to
residents
of
Idaho
under
the
26
wine
direct
shipper
permit.
27
(3)
A
wine
direct
shipper
permit
authorizes
the
permit
holder
to
do
all
28
of
the
following:
29
(a)
Sell
and
ship
not
more
than
twenty
-
four
(24)
nine
-
liter
nine
(9)
30
liter
cases
of
wine
annually
to
any
person
twenty
-
one
(21)
years
of
age
31
or
older
for
his
or
her
personal
use
and
not
for
resale;
and
32
(b)
Ship
If
in
compliance
with
subsections
(9)
and
(10)
of
this
section,
33
ship
wine
directly
to
a
resident
in
this
state
only
in
compliance
with
34
subsections
(8)
and
(9)
of
this
section;
.
35
(4)
A
wine
direct
shipper
permit
holder
shall:
36
(c)
(a)
Report
to
the
director,
no
later
than
January
31
of
each
year,
37
the
total
amount
of
wine
shipped
during
the
preceding
calendar
year
un
-
38
der
the
wine
direct
shipper
permit;
39
(d)
(b)
If
the
permit
holder
is
located
outside
this
state,
pay
to
the
40
state
tax
commission
all
sales
and
use
taxes,
and
excise
taxes
on
sales
41
to
residents
of
Idaho
under
the
wine
direct
shipper
permit.
For
excise
42
tax
purposes,
all
wine
sold
pursuant
to
a
direct
shipper
permit
shall
be
43
deemed
to
be
wine
sold
in
this
state;
44
(e)
(c)
Permit
the
director
and
the
state
tax
commission
to
perform
an
45
audit
of
the
wine
direct
shipper
permit
holder's
records
upon
request;
46
and
47
(f)
(d)
Be
deemed
to
have
consented
to
the
jurisdiction
of
the
alcohol
48
beverage
control
division
of
the
Idaho
state
police,
or
any
other
state
49
7
agency
and
the
Idaho
courts
concerning
enforcement
of
this
section
and
1
any
related
laws,
rules
or
regulations.
2
(4)
(5)
A
wine
direct
shipper
permit
holder
located
outside
the
state
3
may
annually
renew
its
permit
with
the
director
by
paying
a
twenty
-
five
dol
-
4
lar
($25.00)
renewal
fee
of
forty
dollars
($40.00)
and
providing
the
direc
-
5
tor
a
true
copy
of
its
current
alcoholic
beverage
license
issued
in
another
6
state.
A
wine
direct
shipper
permit
holder
located
in
Idaho
shall
renew
its
7
wine
direct
shipper
permit
in
conjunction
with
its
license
to
manufacture
8
wine.
All
registration
fees
and
renewal
fees
shall
be
shared
equally
by
the
9
state
police
and
the
state
tax
commission.
10
(5)
(6)
The
director
may
enforce
the
requirements
of
this
section
by
ad
-
1
1
ministrative
proceedings
or
suspend
or
revoke
a
wine
direct
shipper
permit,
12
and
the
director
may
accept
payment
of
an
offer
in
compromise
in
lieu
of
sus
-
13
pension,
such
payments
to
be
determined
by
rule
promulgated
by
the
director.
14
(6)
(7)
Sales
and
shipments
of
wine
directly
to
consumers
in
Idaho
from
15
wine
manufacturers
in
Idaho
or
in
another
state
who
do
not
possess
a
current
16
wine
direct
shipper
permit
are
prohibited.
Any
person
who
knowingly
makes
17
such
a
shipment
is
guilty
of
a
misdemeanor.
18
(7)
(8)
A
licensee
who
holds
a
license
for
the
retail
sale
of
wine
for
19
consumption
off
the
licensed
premises
may
ship
not
more
than
two
(2)
cases
of
20
wine,
containing
not
more
than
nine
(9)
liters
per
case,
per
shipment,
for
21
personal
use
and
not
for
resale,
directly
to
a
resident
of
another
state
if
22
the
state
to
which
the
wine
is
sent
allows
residents
of
this
state
to
receive
23
wine
sent
from
that
state
without
payment
of
additional
state
tax,
fees
or
24
charges.
The
sale
shall
be
considered
to
have
occurred
in
this
state.
25
(8)
(9)
The
shipping
container
of
any
wine
shipped
under
this
section
26
must
be
clearly
labeled
to
indicate
that
the
container
contains
alcoholic
27
beverages
and
cannot
be
delivered
to
a
person
who
is
not
at
least
twenty
-
one
28
(21)
years
of
age.
29
(9)
(10)
For
wine
shipped
under
pursuant
to
this
section
to
an
Idaho
res
-
30
ident,
the
delivery
person
shall:
31
(a)
Have
the
person
who
receives
the
wine
shipment
sign
for
it;
and
32
(b)
Not
make
deliveries
to
anyone
who
is
under
twenty
-
one
(21)
years
of
33
age
or
to
anyone
who
is
visibly
intoxicated;
and
34
(c)
Keep
the
signature
record
for
one
(1)
year.
35
(10)
(11)
Sales
authorized
under
this
section
are
sales
made
by
a
re
-
36
tailer
who
is
not
authorized
to
sell
at
wholesale
or
sales
by
a
winery
of
wine
37
produced
or
bottled
by
the
winery.
38
(11)
(12)
The
director
and
the
state
tax
commission
may
promulgate
rules
39
to
effectuate
the
purposes
of
this
section
and
are
authorized
to
exchange
40
necessary
information
to
implement
the
provisions
of
this
section.
41
SECTION
8.
That
Section
23
-
1315,
Idaho
Code,
be,
and
the
same
is
hereby
42
amended
to
read
as
follows:
43
23
-
1315.
LICENSE
FEES
-
-
COUNTY
RETAIL
LICENSE
FEES
-
-
COUNTY
LICENSE
44
REQUIRED
FOR
RETAILERS.
(a)
Each
importer
shall
pay
to
the
state
of
Idaho
an
45
annual
license
fee
of
three
hundred
dollars
($300)
four
hundred
eighty
dol
-
46
lars
($480)
.
47
(b)
Each
distributor
shall
pay
to
the
state
of
Idaho
an
annual
license
48
fee
of
three
hundred
dollars
($300)
four
hundred
eighty
dollars
($480)
for
49
8
each
separate
warehouse
used
for
the
purpose
of
or
in
connection
with
the
1
sale
or
distribution
of
wine
within
this
state.
2
(c)
Each
winery
shall
pay
to
the
state
an
annual
license
fee
of
three
3
hundred
dollars
($300)
four
hundred
eighty
dollars
($480)
.
4
(d)
Each
retailer
and
wine
by
the
drink
licensee
shall
pay
to
the
state
5
of
Idaho
an
annual
license
fee
of
one
hundred
dollars
($100)
one
hundred
6
sixty
dollars
($160)
for
each
premises
for
which
a
license
is
issued
for
the
7
sale
of
wine.
8
(e)
In
addition
to
the
fee
required
by
subsection
(d)
of
this
section,
9
each
retailer
and
wine
by
the
drink
licensee
shall
pay
an
annual
license
fee
10
of
not
to
exceed
one
hundred
dollars
($100)
to
the
county
in
which
the
li
-
1
1
censed
premises
are
located.
If
the
licensed
premises
are
located
within
12
the
incorporated
limits
of
a
city,
the
licensee
shall
pay
an
annual
license
13
fee
of
not
to
exceed
two
hundred
dollars
($200)
to
such
city.
Each
city
and
14
county
within
this
state
are
is
hereby
authorized
and
empowered
to
determine
15
the
license
fees
to
be
paid
by
each
retailer
and
wine
by
the
drink
licensee
16
licensed
pursuant
to
the
terms
and
conditions
of
this
act.
No
wine
license
17
issued
by
the
director
shall
authorize
the
sale
of
wine
at
retail
unless
such
18
person
possesses
a
county
and
city
license
as
may
be
required
by
the
govern
-
19
ing
board
thereof.
20
(f)
Each
bonded
wine
warehouse
shall
pay
to
the
state
of
Idaho
an
an
-
21
nual
license
fee
of
three
hundred
dollars
($300)
four
hundred
eighty
dollars
22
($480)
for
each
separate
warehouse
used
for
the
sole
purpose
of
the
storage
23
and
handling
of
wine
within
the
state
of
Idaho.
24
SECTION
9.
That
Section
23
-
1317,
Idaho
Code,
be,
and
the
same
is
hereby
25
amended
to
read
as
follows:
26
23
-
1317.
TRANSFER
OF
LICENSES
-
-
FEE
-
-
APPLICATION
FOR
APPROVAL.
(a)
27
No
winery
license,
wine
distributor's
license,
wine
by
the
drink
license,
28
bonded
wine
warehouse
license,
or
retail
wine
license
may
be
transferred
to
29
another
person,
including
an
executor,
administrator,
or
trustee
in
bank
-
30
ruptcy
of
the
estate
of
the
licensee,
unless
the
transferee
shall
first
have
31
obtained
the
approval
of
the
director
to
such
transfer
upon
on
an
application
32
containing
the
substantially
same
information
required
of
an
applicant
for
a
33
winery
license,
wine
distributor's
license,
bonded
wine
warehouse
license,
34
or
retail
wine
license,
as
the
case
may
be.
If
the
transferee
possesses
all
35
of
the
qualifications
and
none
of
the
disqualifications
for
such
license,
36
the
director
shall
approve
the
transfer
by
issuing
a
license
to
the
trans
-
37
feree.
The
fee
for
each
transfer
of
a
winery
license,
wine
distributor's
li
-
38
cense,
wine
by
the
drink
license,
bonded
wine
warehouse
license,
or
a
retail
39
wine
license
shall
be
twenty
dollars
($20.00)
thirty
-
two
dollars
($32.00)
,
40
which
fee
shall
accompany
the
application
for
transfer.
41
(b)
Application
to
transfer
a
winery
license,
wine
distributor's
li
-
42
cense,
wine
by
the
drink
license,
bonded
wine
warehouse
license,
or
retail
43
wine
license
from
one
location
to
another
shall
be
made
to
the
director
on
44
forms
prescribed
and
furnished
by
the
director.
The
director
shall
approve
45
any
such
transfer
upon
submission
of
the
application
and
receipt
by
the
46
director
of
a
transfer
fee
of
twenty
dollars
($20.00)
thirty
-
two
dollars
47
($32.00)
.
48
9
(c)
The
director,
in
his
discretion,
may
deny
the
transfer
of
a
license
1
during
the
pendency
of
any
proceedings
for
suspension
or
revocation
insti
-
2
tuted
pursuant
to
the
provisions
of
this
chapter.
3
SECTION
10.
That
Section
23
-
1336,
Idaho
Code,
be,
and
the
same
is
hereby
4
amended
to
read
as
follows:
5
23
-
1336.
WINE
SOLD
OR
DONATED
TO
PERSONS
OR
ASSOCIATIONS
FOR
BENEVO
-
6
LENT,
CHARITABLE
OR
PUBLIC
PURPOSES.
In
the
event
that
wine
has
been
sold
7
or
donated
to
a
person
or
association
which
that
desires
to
dispense
or
sell
8
such
wine
and
to
donate
the
proceeds
from
the
sale
or
dispensing
thereof
for
9
benevolent,
charitable
or
public
purposes,
the
director
may
issue
a
permit
10
authorizing
such
sale
or
dispensing
of
wine
by
such
person
or
association
1
1
if
the
director
is
satisfied
that
said
proceeds,
after
deducting
reasonable
12
expenses
incurred
in
conjunction
with
the
sale
or
dispensing
thereof,
will
13
be
donated
for
such
benevolent,
charitable
or
public
purpose.
The
director
14
shall
prescribe
the
form
of
the
application
for
such
permit,
which
appli
-
15
cation
may
require
disclosure
of
names
of
sponsors;
donors,
quantities
and
16
types
of
wine
products
donated;
the
retailer,
if
any,
designated
by
such
per
-
17
son
or
association
to
receive,
store
or
dispense
donated
wine;
the
dates
and
18
hours
during
which
the
permit
is
to
be
effective,
not
to
exceed
three
(3)
con
-
19
secutive
days;
and
such
other
information
as
the
director
may
require.
The
20
director
shall
collect
a
twenty
dollar
($20.00)
fee
of
thirty
-
two
dollars
21
($32.00)
for
the
event
for
which
the
permit
is
to
be
effective.
The
direc
-
22
tor
may
require
that
the
applicant
submit
a
report
to
the
director
after
the
23
benevolent,
charitable
or
public
purpose
event
showing
the
disposition
of
24
funds
from
the
event.
Should
the
director
determine
that
the
applicant
or
25
its
representatives
is
violating,
or
has
in
the
past
violated,
any
law
per
-
26
taining
to
the
dispensing
or
sale
of
wine
by
a
licensed
retailer
relating
to
27
hours
of
sale,
or
relating
to
dispensing
wine
to
underaged
persons,
or
has
28
failed
in
the
past
to
submit
such
information
as
may
have
been
requested
by
29
the
director,
such
permit
may
be
summarily
suspended
by
the
director,
prior
30
to
hearing,
or
may
be
denied
pending
a
hearing.
A
licensed
retailer
may,
on
31
behalf
of
the
permittee,
receive
or
store
wine
to
be
used
at
the
event
,
and
32
may
dispense
such
wine
to
attendees
of
the
benevolent,
charitable
or
public
33
purpose
event
for
which
the
permit
has
been
issued.
34
SECTION
11.
SEVERABILITY.
The
provisions
of
this
act
are
hereby
de
-
35
clared
to
be
severable
and
if
any
provision
of
this
act
or
the
application
36
of
such
provision
to
any
person
or
circumstance
is
declared
invalid
for
any
37
reason,
such
declaration
shall
not
affect
the
validity
of
the
remaining
por
-
38
tions
of
this
act.
39
SECTION
12.
An
emergency
existing
therefor,
which
emergency
is
hereby
40
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
41
July
1,
2026.
42