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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1258
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
LIQUOR;
AMENDING
SECTION
23
-
903,
IDAHO
CODE,
TO
AUTHORIZE
LI
-
2
CENSURE
FOR
A
DISTILLERY;
AMENDING
SECTION
23
-
910,
IDAHO
CODE,
TO
PRO
-
3
VIDE
AN
EXEMPTION
FOR
OFFICERS,
AGENTS,
AND
EMPLOYEES
OF
A
DISTILLERY;
4
AMENDING
SECTION
23
-
912,
IDAHO
CODE,
TO
PROVIDE
AN
EXEMPTION
FOR
A
DIS
-
5
TILLERY;
AMENDING
SECTION
23
-
944,
IDAHO
CODE,
TO
PROVIDE
AN
EXEMPTION
6
FOR
A
DISTILLERY;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
7
DATE.
8
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
9
SECTION
1.
That
Section
23
-
903,
Idaho
Code,
be,
and
the
same
is
hereby
10
amended
to
read
as
follows:
1
1
23
-
903.
LICENSE
TO
RETAIL
LIQUOR.
(1)
The
director
of
the
Idaho
state
12
police
is
hereby
empowered,
authorized,
and
directed
to
issue
licenses
to
13
qualified
applicants,
as
provided
in
this
chapter,
whereby
the
licensee
14
shall
be
authorized
and
permitted
to
sell
liquor
by
the
drink
at
retail,
15
and,
upon
the
issuance
of
such
license,
the
licensee
shall
be
authorized
to
16
sell
liquor
at
retail
by
the
drink,
but
only
in
accordance
with
the
rules
17
promulgated
by
the
director
and
the
provisions
of
this
chapter.
No
license
18
shall
be
issued
for
the
sale
of
liquor
on
any
premises
outside
the
incorpo
-
19
rated
limits
of
any
city
except
as
provided
in
this
chapter,
and
the
number
20
of
licenses
so
issued
for
any
city
shall
not
exceed
one
(1)
license
for
each
21
one
thousand
five
hundred
(1,500)
of
population
of
said
city
or
fraction
22
thereof,
as
established
in
the
last
preceding
census,
or
any
subsequent
spe
-
23
cial
census
conducted
by
the
United
States
census
bureau
or
by
an
estimate
24
that
is
statistically
valid
including
adding
the
number
of
new
residential
25
utility
connections
or
including
adding
the
population
of
areas
annexed
into
26
the
city
after
the
last
census
or
special
census
was
conducted,
except
that
27
upon
proper
application
thereof
not
more
than
two
(2)
licenses
may
be
issued
28
for
each
incorporated
city
with
a
population
of
one
thousand
five
hundred
29
(1,500)
or
less,
unless
the
retail
licensing
of
liquor
by
the
drink
has
been
30
previously
disapproved
under
the
provisions
of
sections
23
-
917,
23
-
918,
31
23
-
919,
23
-
920
and
23
-
921,
Idaho
Code;
provided
however,
that
any
license
32
heretofore
issued
may
be
renewed
from
year
to
year
without
regard
to
the
pop
-
33
ulation
or
status
of
the
city
for
which
such
license
is
issued.
Any
license
34
issued
that
has
remained
in
effect
at
its
location
for
a
consecutive
period
35
of
ten
(10)
years
or
more
shall
be
deemed
to
have
been
validly
issued
and
may
36
be
renewed
from
year
to
year,
provided
that
the
applicant
for
the
renewal
of
37
such
license
is
not
otherwise
disqualified
for
licensure
pursuant
to
section
38
23
-
910,
Idaho
Code,
and,
if
the
premises
required
special
characteristics
39
for
original
licensure,
other
than
being
either
within
or
without
the
incor
-
40
porated
limits
of
a
city,
that
said
premises
continue
to
have
such
special
41
characteristics
at
the
time
of
the
application
for
renewal.
42
2
(2)
Nothing
in
this
chapter
shall
prohibit
the
issuance
of
a
license
to
1
the
owner,
operator,
or
lessee
of
an
actual
bona
fide
golf
course
whether
lo
-
2
cated
within
or
without
the
limits
of
any
city,
or
located
on
premises
also
3
operated
as
a
winery
or
ski
resort,
or
to
the
lessee
of
any
premises
situ
-
4
ate
thereon,
whether
located
within
or
without
the
limits
of
any
city.
For
5
the
purpose
of
this
section,
a
golf
course
shall
comprise
an
actual
bona
fide
6
golf
course,
which
is
regularly
used
for
the
playing
of
the
game
of
golf,
hav
-
7
ing
not
less
than
nine
(9)
tees,
fairways,
and
greens
laid
out
and
used
in
the
8
usual
and
regular
manner
of
a
golf
course.
Nine
(9)
hole
courses
must
have
a
9
total
yardage
of
at
least
one
thousand
(1,000)
yards,
and
eighteen
(18)
hole
10
courses
must
have
a
total
yardage
of
at
least
two
thousand
(2,000)
yards
as
1
1
measured
by
totaling
the
tee
-
to
-
green
distance
of
all
holes.
The
course
must
12
be
planted
in
grass
except
that
it
may
provide
artificial
tee
mats.
Where
any
13
such
golf
course
is
owned
or
leased
by
an
association
of
members
and
is
used
14
or
enjoyed
by
such
members
or
their
guests,
none
of
the
disqualifications
15
contained
in
section
23
-
910,
Idaho
Code,
shall
apply
to
such
association
as
16
a
licensee
where
such
disqualifications,
or
any
of
them,
would
apply
only
to
17
a
member
of
such
association
where
such
member
has
no
interest
therein
except
18
as
a
member
thereof.
Provided,
a
building
that
is
located
on
a
lake
of
not
19
less
than
one
hundred
sixty
(160)
acres
with
not
less
than
two
hundred
(200)
20
feet
of
lake
frontage,
owned
or
leased
and
operated
exclusively
by
an
actual
21
bona
fide
golf
course
licensed
for
the
sale
of
liquor
by
the
drink,
as
oth
-
22
erwise
defined
in
this
subsection,
located
not
more
than
five
tenths
(.5)
of
23
a
mile
from
the
golf
course
exterior
boundaries,
and
accessible
by
that
golf
24
course
by
private
or
public
roadway
or
right
-
of
-
way
shall
be
deemed
part
of
25
and
contiguous
to
the
licensed
golf
course
premises
for
purposes
of
the
sale
26
of
liquor
by
the
drink
upon
such
premises.
27
(3)
For
purposes
of
this
section,
a
ski
resort
shall
comprise
real
prop
-
28
erty
of
not
less
than
ten
(10)
acres
in
size,
exclusive
of
the
terrain
used
29
for
skiing
and
upon
which
the
owner,
operator,
or
lessee
of
the
ski
resort
has
30
made
available
himself
or
through
others,
including
but
not
limited
to
the
31
owners
of
condominiums,
permanent
bona
fide
overnight
accommodations
avail
-
32
able
to
the
general
public
for
one
hundred
(100)
persons
or
more,
and
which
33
real
property
is
contiguous
to
or
located
within
the
area
in
which
skiing
oc
-
34
curs
and
is
regularly
operated
as
a
ski
resort
in
the
wintertime
where
the
35
owner,
operator,
or
lessee
of
the
ski
resort
is
also
the
owner,
operator,
or
36
lessee
of
the
area
served
by
a
bona
fide
chair
ski
lift
facility
or
facili
-
37
ties.
Alternatively,
for
the
purpose
of
this
section,
a
ski
resort
may
also
38
be
defined
as
a
downhill
ski
area,
open
to
the
public,
comprising
real
prop
-
39
erty
of
not
less
than
two
hundred
fifty
(250)
skiable
acres,
operating
two
40
(2)
or
more
chairlifts
with
a
vertical
lift
of
one
thousand
(1,000)
feet
or
41
more,
and
capable
of
transporting
a
minimum
of
one
thousand
eight
hundred
42
(1,800)
skiers
per
hour.
A
ski
resort
qualifying
under
this
definition
shall
43
also
have
on
the
premises
a
lodge
facility
providing
shelter
and
food
ser
-
44
vice
to
the
public,
the
operator
of
which
shall
also
be
the
valid
owner
or
45
lessee
of
the
grounds
and
facilities
upon
which
the
ski
resort
offers
down
-
46
hill
skiing
services
to
the
public.
The
fees
for
licenses
granted
to
ski
re
-
47
sorts
shall
be
the
same
as
those
prescribed
for
golf
courses
as
set
forth
in
48
section
23
-
904,
Idaho
Code.
Not
more
than
one
(1)
licensed
premises
shall
be
49
3
permitted
on
any
golf
course
or
any
ski
resort
or
within
the
area
comprising
1
the
same.
2
(4)
Nothing
in
this
chapter
shall
prohibit
the
issuance
of
a
license
to
3
the
owner,
operator,
or
lessee
of
an
actual
bona
fide
equestrian
facility
lo
-
4
cated
on
not
less
than
forty
(40)
contiguous
acres,
with
permanently
erected
5
seating
of
not
less
than
six
thousand
(6,000)
seats,
no
part
of
which
eques
-
6
trian
facility
or
the
premises
thereon
is
situate
within
the
incorporated
7
limits
of
any
city,
and
which
facility
shall
have
at
least
three
(3)
days
per
8
year
of
a
professionally
sanctioned
rodeo.
Not
more
than
one
(1)
licensed
9
premises
shall
be
permitted
at
any
equestrian
facility
or
within
an
area
com
-
10
prising
such
a
facility.
The
fees
for
licenses
granted
to
equestrian
facil
-
1
1
ities
shall
be
the
same
as
those
prescribed
for
golf
courses
as
set
forth
in
12
section
23
-
904,
Idaho
Code.
13
(5)
Nothing
in
this
chapter
shall
prohibit
the
issuance
of
a
license
to
14
the
owner,
operator,
or
lessee
of
a
restaurant
operated
on
an
airport
owned
15
or
operated
by
a
county
or
municipal
corporation
or
on
an
airport
owned
or
16
operated
jointly
by
a
county
and
municipal
corporation,
and
which
said
air
-
17
port
is
served
by
a
trunk
or
local
service
air
carrier
holding
a
certificate
18
of
public
convenience
and
necessity
issued
by
the
civil
aeronautics
board
of
19
the
United
States
of
America.
Not
more
than
one
(1)
license
shall
be
issued
20
on
any
airport.
21
(6)
Nothing
in
this
chapter
shall
prohibit
the
issuance
of
one
(1)
club
22
license
to
a
club
as
defined
in
section
23
-
902,
Idaho
Code.
The
holder
of
23
a
club
license
is
authorized
to
sell
and
serve
alcoholic
beverages
for
con
-
24
sumption
only
within
the
licensed
establishment
owned,
leased,
or
occupied
25
by
the
club
and
only
to
bona
fide
members
of
the
club
and
to
bona
fide
mem
-
26
bers'
guests.
A
club
license
issued
pursuant
to
the
provisions
of
this
sec
-
27
tion
is
not
transferable
and
may
not
be
sold.
Any
club
license
issued
pur
-
28
suant
to
the
provisions
of
this
section
will
revert
to
the
director
when,
in
29
his
judgment,
the
licensee
ceases
to
operate
as
a
bona
fide
club
as
defined
30
in
section
23
-
902,
Idaho
Code.
No
club
may
hold
a
liquor
license
and
a
club
31
license
simultaneously.
A
club
that
on
July
1,
1983,
holds
a
liquor
license
32
may
continue
to
possess
that
license.
Any
club
that
possesses
a
liquor
li
-
33
cense
on
January
1,
1983,
or
thereafter,
and
then
sells
that
liquor
license,
34
may
not
obtain
a
club
license,
and
the
director
shall
not
issue
a
club
li
-
35
cense
to
that
club
for
a
period
of
five
(5)
years
following
such
sale.
The
36
fee
for
any
license
issued
to
a
qualifying
club
within
an
incorporated
mu
-
37
nicipality
shall
be
as
prescribed
in
subsections
(1),
(2)
and
(3)
of
sec
-
38
tion
23
-
904,
Idaho
Code.
The
fee
for
any
license
issued
to
a
qualifying
club
39
not
situate
within
an
incorporated
municipality
shall
be
as
specified
for
40
golf
courses
under
section
23
-
904(6),
Idaho
Code.
The
provisions
of
section
41
23
-
916,
Idaho
Code,
regarding
county
and
city
licenses
shall
pertain
to
club
42
licenses.
The
burden
of
producing
sufficient
documentation
of
qualifica
-
43
tions
for
club
licensure
shall
be
with
the
club
applicant.
44
(7)
Nothing
in
this
chapter
to
the
contrary
shall
prohibit
the
issuance
45
of
a
license
to
the
owner,
operator,
or
lessee
of
an
actual
bona
fide
conven
-
46
tion
center
that
is
within
the
incorporated
limits
of
a
city
having
a
pop
-
47
ulation
of
three
thousand
(3,000)
or
greater,
and
which
city
does
not
have
48
located
therein
a
convention
center
with
a
valid
convention
center
license
49
to
sell
liquor
by
the
drink.
For
the
purpose
of
this
section,
a
convention
50
4
center
means
a
facility
having
at
least
thirty
-
five
thousand
(35,000)
square
1
feet
of
floor
space
or
a
facility
having
at
least
one
hundred
twenty
(120)
2
sleeping
rooms
and
an
adjoining
meeting
room
that
will
accommodate
not
less
3
than
three
hundred
fifty
(350)
persons,
whether
or
not
such
room
may
be
par
-
4
titioned
into
smaller
rooms,
and
provided
that
such
meeting
room
shall
con
-
5
tain
at
least
three
thousand
(3,000)
square
feet
of
floor
space.
Such
li
-
6
cense
must
be
placed
in
actual
use
in
said
convention
center
within
one
(1)
7
year
from
the
date
of
its
issuance.
The
fee
for
any
license
issued
to
a
qual
-
8
ifying
convention
center
shall
be
as
prescribed
in
subsection
(3)
of
section
9
23
-
904,
Idaho
Code.
The
holder
of
a
convention
center
license
shall
not
be
10
eligible
for
the
issuance
of
a
license
in
the
same
city
pursuant
to
any
other
1
1
provision
of
this
chapter.
For
purposes
of
this
section,
the
term
"holder"
12
shall
include
an
owner,
operator,
or
lessee
and
shall
include
a
stockholder,
13
director,
or
officer
of
a
corporation
or
a
partner
in
a
partnership,
which
14
corporation
or
partnership
has
been
issued
a
convention
center
license
pur
-
15
suant
to
this
chapter.
Not
more
than
one
(1)
licensed
premises
shall
be
per
-
16
mitted
on
any
convention
center
or
within
the
area
comprising
the
same,
in
-
17
cluding
convention
centers
that
also
comprise
golf
courses
or
ski
resorts
as
18
defined
in
this
section.
19
(8)
If
an
owner,
operator,
or
lessee
has
a
validly
issued
retail
liquor
20
by
the
drink
license
at
the
time
of
application,
nothing
in
this
chapter
21
shall
prohibit
the
issuance
of
a
license
to
the
owner,
operator,
or
lessee
22
of
a
food,
beverage,
and/or
lodging
facility
that
has
been
in
continuous
23
operation
in
the
same
location
for
at
least
seventy
-
five
(75)
years,
except
24
for
temporary
closings
for
refurbishing
or
reconstruction,
or
a
food,
bever
-
25
age,
and
lodging
facility
serving
the
public
by
reservation
only,
having
a
26
minimum
of
five
(5)
rooms
operating
in
a
structure
that
has
been
in
existence
27
for
at
least
seventy
-
five
(75)
years
and
has
been
on
the
historic
register
28
for
a
minimum
of
ten
(10)
years,
is
situated
within
five
hundred
(500)
yards
29
of
a
natural
lake
containing
a
minimum
of
thirty
-
six
thousand
(36,000)
acre
30
feet
of
water
when
full
with
a
minimum
of
thirty
-
two
(32)
miles
of
shoreline,
31
and
is
located
in
a
county
with
a
minimum
population
of
sixty
-
five
thousand
32
(65,000).
The
provisions
of
section
23
-
910,
Idaho
Code,
shall
apply
to
li
-
33
censes
issued
to
continuous
operation
facilities.
The
fees
shall
be
the
same
34
as
those
prescribed
for
golf
courses
as
set
forth
in
section
23
-
904,
Idaho
35
Code.
No
license
shall
be
issued
under
this
subsection
on
or
after
July
1,
36
2028.
37
(9)
Nothing
in
this
chapter
shall
prohibit
the
issuance
of
a
license
38
to
a
federally
recognized
Indian
tribe
as
defined
in
section
67
-
4001,
Idaho
39
Code,
which
is
an
owner,
operator,
or
lessee
of
a
food,
conference,
and
lodg
-
40
ing
facility
located
within
the
boundaries
of
the
Indian
tribe's
reservation
41
and
containing
a
minimum
of
thirty
-
five
thousand
(35,000)
square
feet
and
42
fifty
(50)
guest
rooms.
Licenses
issued
to
Indian
tribes
are
not
transfer
-
43
able.
44
(10)
Nothing
in
this
chapter
shall
prohibit
the
issuance
of
a
license
45
to
the
owner,
operator,
or
lessee
of
the
lodging,
dining,
and
entertainment
46
facilities
owned
by
a
gondola
resort
complex
and
operated
in
conjunction
47
with
the
other
public
services
provided
by
a
gondola
resort
complex
located
48
within
the
ownership/leasehold
boundaries
of
a
gondola
resort
complex.
For
49
purposes
of
this
subsection,
a
gondola
resort
complex
means
an
actual
bona
50
5
fide
gondola
capable
of
transporting
people
for
recreational
or
entertain
-
1
ment
purposes
at
least
three
(3)
miles
in
length
with
a
vertical
rise
of
three
2
thousand
(3,000)
feet,
portions
of
which
may
be
located
within
or
over
the
3
limits
of
one
(1)
or
more
cities.
4
(11)
Nothing
in
this
chapter
shall
prohibit
the
issuance
of
a
license
to
5
the
owner,
operator,
or
lessee
of
a
winery
also
operating
a
golf
course
on
the
6
premises.
7
(12)
Subject
to
approval
of
the
mayor
and
city
council,
nothing
in
this
8
chapter
shall
prohibit
the
issuance
of
a
license
to
the
owner,
operator,
or
9
lessee
of
a
food,
conference,
and
lodging
facility
constructed
after
May
1,
10
2000,
containing
a
minimum
of
thirty
-
five
thousand
(35,000)
square
feet
and
1
1
fifty
-
five
(55)
guest
rooms
with
a
minimum
taxable
value
of
three
million
12
dollars
($3,000,000)
in
a
city
with
a
population
of
less
than
five
thousand
13
(5,000)
according
to
the
most
recent
census.
14
(13)
Nothing
in
this
chapter
shall
prohibit
the
issuance
of
a
license
15
to
the
owner,
operator,
or
lessee
of
a
conference
and
event
center
that
is
16
within
the
city
limits
of
a
resort
city
as
defined
in
section
50
-
1044,
Idaho
17
Code,
that
has
enacted
local
option
nonproperty
taxes
in
accordance
with
18
section
50
-
1046,
Idaho
Code,
including,
at
the
time
of
issuance,
a
resort
19
city
tax
on
sales
of
liquor
by
the
drink,
wine,
and
beer
sold
at
retail
for
20
consumption
on
the
licensed
premises.
There
shall
be
only
one
(1)
conference
21
and
event
center
license
to
sell
liquor
by
the
drink
issued
per
resort
city
22
pursuant
to
this
subsection.
For
the
purposes
of
this
section,
a
confer
-
23
ence
and
event
center
means
facilities
situated
on
premises
consisting
of
a
24
building
or
buildings
and
the
contiguous
property
owned
or
leased
and
under
25
common
ownership
or
control
by
the
licensee.
Such
facilities
must
provide
26
no
less
than
four
thousand
(4,000)
square
feet
of
enclosed
space
for
confer
-
27
ence
and
event
purposes,
exclusive
of
space
dedicated
by
the
licensee
to
the
28
commercial
kitchen.
The
commercial
kitchen
must
include
a
type
1
commercial
29
hood
and
cooking
equipment,
exclusive
of
microwave
ovens
and
grills.
The
30
fee
for
any
license
issued
to
a
qualifying
licensee
shall
be
as
prescribed
31
in
section
23
-
904(1),
(2),
or
(3),
Idaho
Code,
depending
on
the
population
32
of
the
resort
city
in
which
the
conference
and
event
center
is
located
and
as
33
prescribed
in
section
23
-
916,
Idaho
Code.
A
license
issued
pursuant
to
this
34
subsection
may
be
renewed
without
regard
to
the
population
or
status
of
the
35
city
for
which
the
license
was
issued
and
without
regard
for
the
continuation
36
of
local
option
nonproperty
taxes
by
the
city,
provided
the
applicant
for
37
renewal
is
not
otherwise
disqualified
from
licensure
pursuant
to
section
38
23
-
910,
Idaho
Code.
Not
more
than
one
(1)
license
shall
be
issued
to
a
con
-
39
ference
and
event
center.
A
conference
and
event
center
license
shall
not
40
be
transferable
and
may
not
be
sold.
For
the
purpose
of
issuance
and
mainte
-
41
nance
of
a
license
under
this
subsection,
such
facilities
may
serve
liquor
42
only
while
such
facilities
are
hosting
a
conference
or
event.
Nothing
in
43
this
subsection
shall
excuse
a
conference
and
event
center
from
complying
44
with
actual
use
standards
in
title
23,
Idaho
Code,
or
administrative
rules
45
promulgated
pursuant
to
statutory
authority
granted
under
this
title.
46
(14)
Nothing
in
this
chapter
shall
prohibit
the
issuance
of
a
license
to
47
the
owner,
operator,
or
lessee
of
an
actual,
bona
fide
distillery.
A
license
48
issued
pursuant
to
this
subsection
shall
authorize
the
sale
of
liquor
ex
-
49
plicitly
from
brands
that
are
owned
by
the
distillery.
The
fees
for
a
license
50
6
issued
pursuant
to
this
subsection
shall
be
the
same
as
those
prescribed
for
1
golf
courses
as
set
forth
in
section
23
-
904,
Idaho
Code.
As
used
in
this
sec
-
2
tion,
"bona
fide
distillery"
means
a
legally
authorized
premises
that
manu
-
3
factures
and
bottles
liquor
and
is
located
on
no
less
than
five
(5)
acres
of
4
agricultural
zoned
property
in
an
unincorporated
area
of
Idaho.
5
(14)
(15)
The
provisions
of
section
23
-
910,
Idaho
Code,
shall
apply
to
6
licenses
issued
under
the
provisions
of
this
section.
The
fees
shall
be
the
7
same
as
those
prescribed
for
golf
courses
as
set
forth
in
section
23
-
904,
8
Idaho
Code.
Except
for
licenses
issued
pursuant
to
subsection
(1)
of
this
9
section,
licenses
issued
under
the
provisions
of
this
section
are
not
trans
-
10
ferable
to
any
other
location,
facility,
or
premises.
1
1
(15)
(16)
A
license
issued
pursuant
to
subsection
(1)
of
this
section
on
12
or
after
July
1,
2023:
13
(a)
May
not
be
transferred
to
another
licensee
except
as
provided
in
14
subsections
(16)
(17)
(a),
(b),
and
(c)
and
subsection
(18)
(19)
of
this
15
section
or
section
23
-
950,
Idaho
Code,
provided
that
the
licensee
must
16
elect
to
associate
such
license
with
the
real
property
at
the
time
of
the
17
initial
license
issuance;
and
18
(b)
Shall
not
qualify
for
the
discount
established
in
section
19
23
-
217(2),
Idaho
Code.
20
(16)
(17)
A
license
issued
pursuant
to
subsection
(1)
of
this
section
21
prior
to
July
1,
2023,
may
be
transferred
to
another
licensee
one
(1)
time
22
only
on
or
after
July
1,
2023,
and
shall
thereafter
be
nontransferable.
23
Prior
to
such
onetime
-
only
transfer,
the
licensee
shall
be
entitled
to
24
the
discount
established
in
section
23
-
217(2),
Idaho
Code.
After
any
one
-
25
time
-
only
transfer,
the
licensee
placing
the
license
in
actual
use
shall
26
not
be
entitled
to
such
discount.
For
purposes
of
this
subsection
only,
the
27
following
circumstances
shall
not
qualify
as
a
onetime
-
only
transfer:
28
(a)
The
license
is
inherited
or
otherwise
acquired
through
a
will,
29
trust,
or
other
estate
-
planning
document;
30
(b)
The
license
is
given
to
a
person
by
the
person's
parent,
grandpar
-
31
ent,
child,
grandchild,
sibling,
aunt,
uncle,
or
first
cousin
without
32
consideration
or
remuneration;
33
(c)
To
the
extent
not
already
included
in
paragraphs
(a)
and
(b)
of
this
34
subsection,
any
of
the
events
listed
in
section
23
-
908(5)(a)
through
35
(e),
Idaho
Code;
36
(d)
The
sale
of
the
business
assets
of
an
entity
or
individual
licensee,
37
including
the
transfer
of
an
associated
license
placed
in
actual
use,
38
either
owned
or
leased
prior
to
July
1,
2023,
to
a
qualified
applicant,
39
provided
that:
40
(i)
The
transferring
licensee
has
occupied
its
location,
facil
-
41
ity,
or
premises
at
the
time
of
sale
for
at
least
one
(1)
year
prior
42
to
the
sale
of
business
assets;
and
43
(ii)
The
qualified
new
licensee
operates
at
the
same
location,
44
facility,
or
premises
for
one
(1)
year
following
the
sale
of
as
-
45
sets
and
transfer
of
the
associated
liquor
license
placed
in
ac
-
46
tual
use.
Any
sale
that
does
not
conform
to
the
provisions
of
this
47
paragraph
shall
be
considered
a
onetime
-
only
transfer
of
the
li
-
48
cense
pursuant
to
this
subsection;
49
7
(e)
The
sale
or
transfer
of
some
or
all
of
the
ownership
interests
of
an
1
entity
licensee
to
a
qualified
applicant
provided
that:
2
(i)
The
entity
licensee
has
occupied
its
location,
facility,
or
3
premises
at
the
time
of
sale
for
at
least
one
(1)
year
prior
to
the
4
sale
and
transfer
of
the
ownership
interests;
and
5
(ii)
The
existing
entity
licensee
operates
at
the
same
location,
6
facility,
or
premises
for
one
(1)
year
following
the
closing
of
the
7
sale
or
transfer
of
the
ownership
interests.
Any
sale
that
does
8
not
conform
to
the
provisions
of
this
paragraph
shall
be
consid
-
9
ered
a
onetime
-
only
transfer
of
the
license
pursuant
to
this
sub
-
10
section;
1
1
(f)
The
licensee
owns,
operates,
or
leases
more
than
one
(1)
business
or
12
entity
and
transfers
the
license
from
one
business
or
entity
to
another
13
owned,
operated,
or
leased
by
such
licensee;
14
(g)
A
transfer
pursuant
to
subsection
(18)
(19)
of
this
section;
or
15
(h)
A
transfer
pursuant
to
section
23
-
950,
Idaho
Code.
16
(17)
(18)
If
a
license
that
was
issued
pursuant
to
subsection
(1)
of
this
17
section
was
under
lease
before
July
1,
2023,
then
such
lease
may
continue
18
pursuant
to
its
own
terms
and
may
be
amended
or
renewed,
or
such
lease
may
19
be
assigned
to
a
purchaser
pursuant
to
subsection
(16)
(17)
(d)
or
(e)
of
this
20
section.
At
the
end
of
the
term
of
such
lease,
the
license
shall
revert
to
the
21
license
owner's
possession,
and
the
license
owner
may
opt
for
one
(1)
of
the
22
following
alternatives:
23
(a)
The
owner
may
transfer
the
license
pursuant
to
the
provisions
of
24
subsection
(16)
(17)
of
this
section,
including
a
onetime
-
only
transfer
25
under
an
installment
contract
wherein
such
contract
shall
not
exceed
a
26
term
of
five
(5)
years;
27
(b)
The
owner
may
retain
the
license
and
apply
to
become
the
actual
user
28
of
the
license,
which
retention
and
use
shall
be
exempt
from
the
one
-
29
time
-
only
transfer
pursuant
to
subsection
(16)
(17)
of
this
section;
30
(c)
The
owner
may
proceed
under
subsections
(16)
(17)
(a)
through
(g)
of
31
this
section;
or
32
(d)
If
the
owner
of
the
license
is
also
the
owner
of
an
estate
in
real
33
property,
the
owner
may
proceed
under
subsection
(18)
(19)
of
this
sec
-
34
tion.
35
(18)
(19)
(a)
An
entity
or
person
who
owns
a
license
issued
pursuant
to
36
subsection
(1)
of
this
section
and
holds,
in
whole
or
in
part,
an
estate
37
in
real
property
that
is
leased
to
a
tenant
pursuant
to
a
written
lease
38
may
permit
such
tenant
to
operate
the
license
at
the
leased
premises
39
during
the
term
of
the
premises
lease,
provided
that
the
license
shall
40
identify
on
the
face
of
the
license
the
name
of
the
license
owner,
the
41
name
of
the
premises
tenant
as
the
qualified
licensee
who
places
the
42
licenses
in
actual
use,
and
the
location
of
the
associated
licensed
43
premises.
44
(b)
The
license
owner
may
permit
a
subsequent
tenant
under
a
new
45
premises
lease
to
place
the
license
into
actual
use
upon
termination
of
46
the
prior
premises
lease
as
provided
in
this
subsection.
47
(c)
A
license
operated
pursuant
to
this
subsection
may
be
transferred
48
to
any
third
-
party
purchaser
of
the
licensed
premises
where
the
license
49
is
placed
in
actual
use
at
the
time
of
such
transfer.
50
8
(d)
The
onetime
-
only
transfer
of
the
license
under
subsection
(16)
(17)
1
of
this
section
shall
no
longer
be
available
to
the
license
owner
once
2
placed
in
use
under
this
subsection,
but
the
license
owner
may
there
-
3
after
proceed
under
subsections
(16)
(17)
(a)
through
(g)
or
subsection
4
(17)
(18)
of
this
section
or
under
this
subsection.
5
(e)
The
license
owner
shall
be
jointly
responsible
with
the
tenant
to
6
the
director
for
all
renewals,
filings,
payment
of
fees,
and
adminis
-
7
trative
actions
taken
with
respect
to
the
license.
8
(19)
(20)
If
the
director
maintains
a
priority
list
of
the
applicants
9
for
a
license
to
be
issued
pursuant
to
subsection
(1)
of
this
section
and
10
an
applicant
receives
notice
in
writing
from
the
director
that
a
license
is
1
1
available,
the
applicant
may
elect
to
have
the
license
issued
in
the
name
of:
12
(a)
The
original
applicant;
13
(b)
Persons
as
set
forth
in
subsection
(16)
(17)
(a)
through
(c)
of
this
14
section
as
its
designee;
or
15
(c)
A
single
purpose
entity
owned
only
by
the
original
applicant
or
any
16
party
set
forth
in
subsection
(16)
(17)
(a)
through
(c)
of
this
section
17
or
such
combination
of
the
original
applicant
or
a
party
set
forth
in
18
subsection
(16)
(17)
(a)
through
(c)
of
this
section.
19
SECTION
2.
That
Section
23
-
910,
Idaho
Code,
be,
and
the
same
is
hereby
20
amended
to
read
as
follows:
21
23
-
910.
PERSONS
NOT
QUALIFIED
TO
BE
LICENSED.
No
license
shall
be
is
-
22
sued
to:
23
(1)
Any
person,
or
any
one
(1)
of
its
members,
officers,
or
governing
24
board,
who
has,
within
three
(3)
years
prior
to
the
date
of
making
applica
-
25
tion,
been
convicted
of
any
violation
of
the
laws
of
the
United
States,
the
26
state
of
Idaho,
or
any
other
state
of
the
United
States,
or
of
the
resolutions
27
or
ordinances
of
any
county
or
city
of
this
state,
relating
to
the
importa
-
28
tion,
transportation,
manufacture
or
sale
of
alcoholic
liquor
or
beer;
or
29
who
has
been
convicted
of,
paid
any
fine,
been
placed
on
probation,
received
30
a
deferred
sentence,
received
a
withheld
judgment
or
completed
any
sentence
31
of
confinement
for
any
felony
within
five
(5)
years
prior
to
the
date
of
mak
-
32
ing
application
for
any
license.
33
(2)
A
person
who
is
engaged
in
the
operation,
or
interested
therein,
of
34
any
house
or
place
for
the
purpose
of
prostitution
or
who
has
been
convicted
35
of
any
crime
or
misdemeanor
opposed
to
decency
and
morality.
36
(3)
A
person
whose
license
issued
under
this
act
has
been
revoked;
an
37
individual
who
was
a
member
of
a
partnership
or
association
which
was
a
li
-
38
censee
under
this
act
and
whose
license
has
been
revoked;
an
individual
who
39
was
an
officer,
member
of
the
governing
board
or
one
(1)
of
the
ten
(10)
prin
-
40
cipal
stockholders
of
a
corporation
which
was
a
licensee
under
this
act
and
41
whose
license
has
been
revoked;
a
partnership
or
association
one
(1)
of
whose
42
members
was
a
licensee
under
this
act
and
whose
license
was
revoked;
a
cor
-
43
poration
one
(1)
of
whose
officers,
member
of
the
governing
board
or
ten
(10)
44
principal
stockholders
was
a
licensee
under
the
provisions
of
this
act
and
45
whose
license
has
been
revoked;
an
association
or
partnership,
one
(1)
of
46
whose
members
was
a
member
of
a
partnership
or
association
licensed
under
the
47
provisions
of
this
act
and
whose
license
has
been
revoked;
a
partnership
or
48
association,
one
(1)
of
whose
members
was
an
officer,
a
member
of
the
govern
-
49
9
ing
board,
or
one
(1)
of
the
ten
(10)
principal
stockholders
of
a
corporation
1
licensed
under
the
provisions
of
this
act
and
whose
license
has
been
revoked;
2
a
corporation,
one
(1)
of
whose
officers,
member
of
the
governing
board,
or
3
ten
(10)
principal
stockholders
was
a
member
of
a
partnership
or
association
4
licensed
under
the
provisions
of
this
act
and
whose
license
was
revoked;
a
5
corporation,
one
(1)
of
whose
officers,
member
of
the
governing
board,
or
ten
6
(10)
principal
stockholders
was
an
officer,
member
of
the
governing
board,
7
or
one
(1)
of
the
ten
(10)
principal
stockholders
of
a
corporation
licensed
8
under
the
provisions
of
this
act
and
whose
license
was
revoked.
9
(4)
Any
officer,
agent,
or
employee
of
any
distillery,
winery,
brewery,
10
or
any
wholesaler,
or
jobber,
of
liquor
or
malt
beverages
except
as
provided
1
1
in
section
23
-
912,
Idaho
Code.
This
prohibition
shall
not
apply
to
offi
-
12
cers,
agents,
or
employees
of
any
winery
operating
a
golf
course
on
the
same
13
premises
as
the
winery
or
officers,
agents,
or
employees
of
any
distillery,
14
as
described
in
section
23
-
903(14),
Idaho
Code
.
15
(5)
A
person
who
does
not
hold
a
retail
beer
license
issued
under
the
16
laws
of
the
state
of
Idaho.
17
(6)
Any
license,
held
by
any
licensee
disqualified
under
the
provisions
18
of
this
section
from
being
issued
a
license,
shall
forthwith
be
revoked
by
19
the
director.
20
SECTION
3.
That
Section
23
-
912,
Idaho
Code,
be,
and
the
same
is
hereby
21
amended
to
read
as
follows:
22
23
-
912.
RESTRICTIONS
OF
PERSONS
INTERESTED
IN
PREMISES.
(1)
Except
23
as
provided
in
subsection
(2)
of
this
section,
no
manufacturer,
rectifier,
24
wholesaler,
stockholder,
shareholder,
partner
or
the
owner
of
any
other
25
interest
in
any
corporation,
association
or
partnership
financially
inter
-
26
ested
in
the
manufacture,
transportation
(except
public
carriers)
or
sale
of
27
liquor
shall
hold
any
interest
in
any
premise
licensed
hereunder
for
the
sale
28
of
liquor
or
receive
any
rental
or
remuneration
from
any
such
premise.
29
(2)
A
manufacturer,
rectifier,
wholesaler,
stockholder,
shareholder,
30
partner
or
the
owner
of
any
interest
in
any
corporation,
association
or
part
-
31
nership
financially
interested
in
the
manufacture,
transportation
or
sale
32
of
liquor
may
hold
interest
in
a
licensed
premises
if
the
licensed
premises
33
serves
food
cooked
on
the
site
of
the
licensed
premises,
and
the
person
or
en
-
34
tity
can
show
through
recordkeeping
that
no
more
than
fifty
percent
(50%)
of
35
the
gross
revenue
to
the
licensed
premises
is
derived
from
the
sale
of
alco
-
36
holic
beverages
on
-
site.
The
owner
of
the
licensed
premises
pursuant
to
this
37
subsection
shall
comply
with
and
be
subject
to
all
other
rules,
regulations
38
or
other
provisions
of
law
which
apply
to
manufacturers,
rectifiers,
whole
-
39
salers,
stockholders,
shareholders,
partners
or
the
owners
of
any
interest
40
in
any
corporation,
association
or
partnership
financially
interested
in
41
the
manufacture,
transportation
or
sale
of
liquor
save
and
except
as
such
42
rules,
regulations
or
laws
may
restrict
such
sales
at
the
licensed
premises.
43
The
holder
of
a
license
pursuant
to
this
section
shall
not
be
disqualified
44
from
holding
a
beer
license,
a
retail
wine
license
or
wine
by
the
drink
li
-
45
cense
for
the
sale
of
beer
or
wine
at
the
licensed
premises
on
the
grounds
46
that
the
licensee
is
also
a
manufacturer,
wholesaler,
stockholder,
share
-
47
holder,
partner
or
the
owner
of
any
interest
in
any
corporation,
association
48
or
partnership
financially
interested
in
the
manufacture,
transportation
or
49
10
sale
of
liquor,
beer
or
wine.
This
subsection
shall
not
be
deemed
to
grant
1
a
license
for
the
retail
sale
of
liquor
by
the
drink
and
the
license
must
be
2
obtained
through
normal
lawful
means.
A
distillery,
as
described
in
section
3
23
-
903(14),
Idaho
Code,
shall
not
be
required
to
serve
food
cooked
on
the
4
site
of
the
licensed
premises
and
shall
be
authorized
to
sell
liquor
from
5
brands
explicitly
owned
by
the
distillery.
Such
sale
of
liquor
shall
not
be
6
considered
to
be
in
conflict
with
the
provisions
of
this
chapter.
7
SECTION
4.
That
Section
23
-
944,
Idaho
Code,
be,
and
the
same
is
hereby
8
amended
to
read
as
follows:
9
23
-
944.
EXCEPTIONS
FROM
RESTRICTION
ON
ENTERING
OR
REMAINING.
It
10
shall
not
be
unlawful
for,
nor
shall
section
23
-
943,
Idaho
Code,
be
construed
1
1
to
restrict,
any
person
under
the
age
of
twenty
-
one
(21)
years
from
entering
12
or
being:
13
(1)
Upon
the
premises
of
any
restaurant,
as
herein
defined,
or
in
any
14
railroad
observation
or
club
car
or
any
airplane
of
a
commercial
airline,
15
notwithstanding
that
such
premises
may
also
be
licensed
for
the
sale
of
16
liquor
by
the
drink
or
for
the
sale
of
beer
for
consumption
on
the
premises
or
17
that
alcoholic
beverages,
or
beer,
or
both,
are
prepared,
mixed
or
dispensed
18
and
served
and
consumed
therein;
19
(2)
In
any
building,
a
part
or
portion
of
which
is
used
as
a
place,
as
20
herein
defined,
provided
such
place
is
separated
or
partitioned
from
the
re
-
21
mainder
of
said
building
and
access
to
such
place
through
a
doorway
or
door
-
22
ways
or
other
means
of
ingress
can
be
controlled
to
prevent
persons
under
the
23
ages
specified
with
respect
thereto
in
section
23
-
943,
Idaho
Code,
from
en
-
24
tering
therein;
25
(3)
In
any
baseball
park,
sports
arena,
convention
center,
multi
-
26
purpose
arena,
plaza,
theater
that
is
presenting
live
performances,
or
27
fairgrounds,
notwithstanding
that
such
premises
or
any
portion
thereof
may
28
be
licensed
for
the
sale
of
liquor
by
the
drink,
wine
or
beer
for
consumption
29
on
the
premises
or
that
such
products
are
dispensed
and
served
and
consumed
30
therein;
provided,
that
the
person
under
the
age
of
twenty
-
one
(21)
years
is
31
attending
a
lawful
activity,
show,
exhibition,
performance
or
event
on
the
32
premises
or
is
required
to
be
present
as
a
condition
of
his
employment.
It
is
33
lawful
for
persons
under
the
age
of
twenty
-
one
(21)
years
to
enter
and
remain
34
in
a
baseball
park,
sports
arena,
convention
center,
multipurpose
arena,
35
plaza,
theater
that
is
presenting
live
performances,
or
fairgrounds
as
long
36
as
the
activity,
show,
exhibition,
performance
or
event
is
lawful
and
the
37
person
does
not
violate
section
23
-
949,
Idaho
Code;
38
(4)
Upon
the
premises
of
any
licensed
brewery
or
winery
notwithstanding
39
that
such
premises
or
any
portion
thereof
may
also
be
licensed
for
the
sale
of
40
beer
or
wine
for
consumption
on
the
premises
or
that
beer
or
wine
is
dispensed
41
and
served
and
consumed
therein;
42
(5)
Upon
the
licensed
premises
of
a
wine
retailer,
wholly
owned
and
op
-
43
erated
by
a
licensed
winery
that
retails
exclusively
the
products
of
that
44
winery;
45
(6)
At
a
location,
other
than
a
liquor,
beer,
or
wine
licensed
premises,
46
authorized
to
serve
alcoholic
beverages
under
a
valid
alcohol
beverage
47
catering
permit;
or
48
11
(7)
In
any
movie
theater
that
is
allowed
to
sell
beer
or
wine
for
con
-
1
sumption
on
the
premises
pursuant
to
a
valid
license
and
which
movie
theater
2
had
a
license
that
was
valid
and
not
suspended
or
revoked
on
July
1,
2025,
and
3
in
any
other
theater
or
movie
theater
that
is
located
in
a
building
listed
on
4
the
national
register
of
historic
places.
No
films,
still
pictures,
elec
-
5
tronic
reproductions
or
other
visual
reproductions
that
are
in
violation
of
6
chapter
41,
title
18,
Idaho
Code
(indecency
and
obscenity),
or
are
in
viola
-
7
tion
of
federal
law
regarding
pornography,
indecency
or
obscenity
shall
be
8
shown
or
displayed
on
the
premises.
As
used
in
this
subsection,
"movie
the
-
9
ater"
means
a
motion
picture
theater
that
is
being
utilized
solely
for
exhi
-
10
bition
of
a
motion
picture
.
;
or
1
1
(8)
Upon
the
licensed
premises
of
a
distillery,
as
described
in
section
12
23
-
903(14),
Idaho
Code,
that
sells
liquor
exclusively
from
the
brands
owned
13
by
the
distillery.
14
SECTION
5.
An
emergency
existing
therefor,
which
emergency
is
hereby
15
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
16
July
1,
2026.
17