BEER – Amends existing law to revise provisions regarding sales by certain licensed brewers.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1301
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
BEER;
AMENDING
SECTION
23
-
1003,
IDAHO
CODE,
TO
REVISE
PROVISIONS
2
REGARDING
SALES
BY
CERTAIN
LICENSED
BREWERS
AND
TO
MAKE
TECHNICAL
COR
-
3
RECTIONS;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
4
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
5
SECTION
1.
That
Section
23
-
1003,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
23
-
1003.
BREWERS',
DEALERS'
AND
WHOLESALERS'
LICENSES.
(a)
Before
8
any
brewer
shall
manufacture
or
any
dealer
or
wholesaler
import
or
sell
9
beer
within
the
state
of
Idaho,
such
brewer
shall
apply
to
the
director
for
10
a
license.
The
application
form
shall
be
prescribed
and
furnished
by
the
1
1
director
and
require
that
the
applicant
show
that
such
brewer
possesses
12
all
the
qualifications
and
none
of
the
disqualifications
of
a
licensee.
To
13
determine
qualification
for
a
license,
the
director
shall
cause
an
inves
-
14
tigation
that
shall
include
a
fingerprint
-
based
criminal
history
check
of
15
the
Idaho
central
criminal
history
database
and
the
federal
bureau
of
inves
-
16
tigation
criminal
history
database.
Each
person
listed
as
an
applicant
on
17
an
initial
application
shall
submit
a
full
set
of
fingerprints
and
the
fee
18
to
cover
the
cost
of
the
criminal
history
background
check
with
the
appli
-
19
cation.
The
application
shall
also
be
accompanied
by
the
required
licensee
20
license
fee;
provided,
that
where
the
applicant
is
or
will
be
within
more
21
than
one
(1)
of
the
foregoing
classifications,
the
applicant
shall
apply
22
for
each
classification
but
shall
pay
only
one
(1)
license
fee,
which
shall
23
be
for
the
classification
requiring
the
highest
fee.
If
the
director
is
24
satisfied
that
the
applicant
possesses
the
qualifications
and
none
of
the
25
disqualifications
for
the
license,
the
director
shall
issue
a
license
for
26
each
classification
applied
for,
subject
to
the
restrictions
and
upon
the
27
conditions
in
this
act
specified,
which
license
or
licenses
shall
be
at
all
28
times
prominently
displayed
in
the
place
of
business
of
the
licensee.
29
(b)
Each
wholesaler
shall,
in
addition
to
the
application,
file
with
30
the
director
a
notice
in
writing
signed
by
the
dealer
or
brewer
and
the
whole
-
31
saler
stating
the
geographic
territory
within
which
the
wholesaler
will
dis
-
32
tribute
beer
to
retailers.
The
territory
will
be
agreed
upon
between
the
33
dealer
or
brewer
and
the
wholesaler
and
may
not
be
changed
or
modified
with
-
34
out
the
consent
of
both
the
dealer
or
brewer
and
the
wholesaler.
Provided
35
however,
nothing
in
this
section
shall
be
interpreted
to
prohibit
a
brewer
or
36
dealer
from
permitting
more
than
one
(1)
distributor
for
the
same
geographic
37
territory.
38
(c)
In
the
event
that
a
wholesaler
sells
beer
to
a
retailer
who
is
lo
-
39
cated
outside
the
geographical
territory
designated
by
that
wholesaler
on
40
the
notice
provided
for
in
subsection
(b)
of
this
section,
the
dealer
or
41
wholesaler
who
has
designated
the
geographical
territory
in
which
the
sale
42

2
occurred
may
apply
to
a
district
court
of
this
state
for
the
issuance
of
an
1
injunction
enjoining
sales
of
beer
by
the
wholesaler
outside
of
its
desig
-
2
nated
geographical
territory.
The
procedure
for
issuance
of
an
injunction
3
pursuant
to
this
act
shall
be
subject
to
the
Idaho
rules
of
civil
procedure.
4
Upon
proof
to
the
court
that
a
wholesaler
has
made
a
sale
of
beer
outside
of
5
its
designated
geographical
territory,
the
court
shall
issue
an
injunction
6
directed
to
the
wholesaler
prohibiting
sales
of
beer
outside
of
its
desig
-
7
nated
geographical
territory.
8
(d)
Any
licensed
brewer
that
produces
fewer
than
thirty
thousand
9
(30,000)
barrels
of
beer
in
the
aggregate
annually,
including
any
beer
pro
-
10
duced
outside
the
state
of
Idaho,
may
be
issued
a
brewer's
retail
license.
1
1
Upon
payment
of
a
retailer's
annual
license
fee,
and
subject
to
the
fees
12
in
sections
23
-
1015
and
23
-
1016,
Idaho
Code,
a
brewer
may,
at
its
licensed
13
main
production
brewery
or
and
at
one
(1)
no
more
than
two
(2)
remote
retail
14
location,
or
both
locations
,
sell
at
retail
the
products
of
any
brewery
by
15
the
individual
bottle,
can
,
or
glass.
Any
brewer
selling
beer
at
retail
or
16
selling
products
of
its
brewery
to
a
retailer
must
pay
the
taxes
required
in
17
section
23
-
1008,
Idaho
Code,
on
the
products
of
its
brewery,
but
need
not
be
18
licensed
as
a
wholesaler
for
the
purpose
of
selling
beer
at
the
brewery
or
at
19
one
(1)
its
two
(2)
remote
retail
location
locations
.
Upon
annual
approval
20
by
the
director,
a
brewer
licensed
pursuant
to
this
subsection
shall
not
for
-
21
feit
its
right
to
sell
the
products
of
any
brewery
by
the
individual
bottle,
22
can,
or
glass
at
its
licensed
main
production
brewery
or
one
(1)
at
either
23
of
its
two
(2)
remote
retail
location,
or
both,
locations
should
the
brewer
24
produce
more
than
thirty
thousand
(30,000)
barrels
of
beer,
provided
such
25
brewer:
26
(1)
Has
continuously
brewed
beer
in
and
continuously
maintained
a
phys
-
27
ical
presence
in
the
state
of
Idaho
for
no
less
than
five
(5)
years;
28
(2)
Has
not
violated
any
of
the
provisions
of
this
chapter
resulting
29
in
a
revocation
or
suspension
of
a
license
for
multiple
days
during
any
30
point
of
the
brewery's
production
operations;
and
31
(3)
Has
surrendered
any
wholesale
license.
32
(e)
A
brewer
that
produces
fewer
than
thirty
thousand
(30,000)
barrels
33
of
beer
in
the
aggregate
annually,
including
any
beer
produced
outside
the
34
state
of
Idaho,
may
be
licensed
as
a
wholesaler
for
the
sale
of
beer
produced
35
by
such
brewery.
Such
brewer
shall
maintain
a
warehouse
physically
located
36
within
the
state
of
Idaho,
distribute
its
beer
using
employees
of
the
brew
-
37
ery
with
equipment
owned
or
controlled
by
the
brewery,
and
comply
with
and
be
38
subject
to
all
other
regulations
or
provisions
of
law
that
apply
to
a
whole
-
39
saler's
license,
except
as
the
laws
may
restrict
sales
at
the
licensed
brew
-
40
ery
or
one
(1)
other
remote
retail
location
in
accordance
with
the
provisions
41
of
subsection
(d)
of
this
section.
The
holder
of
a
brewer's
retail
license
42
shall
not
be
disqualified
from
holding
a
retail
wine
license
or
wine
by
the
43
drink
license
for
the
sale
of
wine
at
the
brewery's
premises
on
the
grounds
44
that
the
licensee
is
also
licensed
as
a
wholesaler.
45
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
46
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
47
July
1,
2026.
48