Idaho Code
Chapter 13 - COUNTY OPTION KITCHEN AND TABLE WINE ACT
Section 23-1307 - QUALIFICATIONS FOR RETAIL WINE LICENSE, WINE BY THE DRINK LICENSE, BONDED WINE WAREHOUSE LICENSE, AND DISTRIBUTOR’S LICENSE.

23-1307. QUALIFICATIONS FOR RETAIL WINE LICENSE, WINE BY THE DRINK LICENSE, BONDED WINE WAREHOUSE LICENSE, AND DISTRIBUTOR’S LICENSE. (1) No retail wine license, wine by the drink license, bonded wine warehouse license, or wine distributor’s license shall be issued to an applicant who at the time of making the application:
(a) If a corporation, has not qualified as required by law to do business in the state of Idaho;
(b) Has had a wine distributor’s license, retail wine license, wine by the drink license, bonded wine warehouse license, or wine importer’s license revoked by the director within three (3) years from the date of making such application;
(c) Has been convicted of a violation of the laws of this state or of the United States governing the sale of alcoholic beverages, wine, or beer, within three (3) years from the date of making such application;
(d) Has been convicted of a felony or been granted a withheld judgment following an adjudication of guilt of a felony within five (5) years from the date of making such application;
(e) If an individual or partnership, either the individual or at least one (1) of the partners of a partnership is not nineteen (19) years of age or older.
(2) Licensed wineries shall not be required to possess a retail beer license to sell wine on the winery’s original licensed premises or at locations other than the winery’s original licensed premises.
(3) To determine qualification for a license, the director shall also cause an investigation that shall include a fingerprint-based criminal history check of the Idaho central criminal history database and the federal bureau of investigation criminal history database. Each person listed as an applicant on an initial application shall submit a full set of fingerprints and the fee to cover the cost of the criminal history background check for such person with the application.

History:
[23-1307, added 1971, ch. 156, sec. 7, p. 760; am. 1973, ch. 144, sec. 3, p. 281; am. 1974, ch. 27, sec. 65, p. 811; am. 1987, ch. 169, sec. 4, p. 332; am. 1992, ch. 315, sec. 4, p. 941; am. 1994, ch. 14, sec. 7, p. 27; am. 2001, ch. 284, sec. 4, p. 1018; am. 2010, ch. 87, sec. 1, p. 168; am. 2017, ch. 73, sec. 2, p. 186; am. 2020, ch. 10, sec. 3, p. 14.]

Structure Idaho Code

Idaho Code

Title 23 - ALCOHOLIC BEVERAGES

Chapter 13 - COUNTY OPTION KITCHEN AND TABLE WINE ACT

Section 23-1301 - SHORT TITLE.

Section 23-1302 - PURPOSE AND CONSTRUCTION OF ACT.

Section 23-1303 - DEFINITIONS.

Section 23-1304 - COUNTY OPTION — RESOLUTION OF COUNTY COMMISSIONERS — ORDER FOR ELECTION — FORM OF BALLOT — EFFECT OF ELECTION OR RESOLUTION.

Section 23-1305 - RESTRICTIONS — AUTHORITY OF DIVISION PRESERVED.

Section 23-1306 - LICENSES REQUIRED — APPLICATION — ISSUANCE OR REFUSAL.

Section 23-1307 - QUALIFICATIONS FOR RETAIL WINE LICENSE, WINE BY THE DRINK LICENSE, BONDED WINE WAREHOUSE LICENSE, AND DISTRIBUTOR’S LICENSE.

Section 23-1307A - WINE BY THE DRINK ESTABLISHMENT NOT ALLOWED NEAR CHURCHES OR SCHOOLS — EXCEPTIONS.

Section 23-1308 - QUALIFICATIONS FOR IMPORTER’S LICENSE.

Section 23-1308A - QUALIFICATIONS FOR WINERY LICENSE.

Section 23-1309 - RESTRICTIONS ON IMPORTATION AND DISTRIBUTION.

Section 23-1309A - SHIPMENT AND RECEIPT OF WINE AUTHORIZED — LABELING REQUIREMENT.

Section 23-1310 - STORAGE OR PURCHASE BY DISTRIBUTOR — FROM WHOM PURCHASED.

Section 23-1311 - SALES BY DISTRIBUTORS — RESTRICTIONS.

Section 23-1312 - BY THE DRINK LIQUOR RETAILERS MAY PURCHASE FROM DISTRIBUTORS.

Section 23-1313 - PURCHASES BY RETAILERS.

Section 23-1314 - RECORDS AND INSPECTION OF WINERIES, IMPORTERS, BONDED WINE WAREHOUSES, AND DISTRIBUTORS.

Section 23-1315 - LICENSE FEES — COUNTY RETAIL LICENSE FEES — COUNTY LICENSE REQUIRED FOR RETAILERS.

Section 23-1316 - EXPIRATION AND RENEWAL OF LICENSES.

Section 23-1317 - TRANSFER OF LICENSES — FEE — APPLICATION FOR APPROVAL.

Section 23-1318 - COUNTY AND CITY REGULATORY ORDINANCES AUTHORIZED.

Section 23-1319 - EXCISE TAX — SALES INCLUDED — REFUND FOR EXPORT SALES — REFUND FOR BREAKAGE OR SPOILAGE — DISTRIBUTION OF REVENUE.

Section 23-1320 - SECURITY FOR TAX.

Section 23-1322 - MONTHLY REPORTS OF SALES — PAYMENT OF EXCISE TAX WITH REPORT.

Section 23-1322A - COLLECTION AND ENFORCEMENT.

Section 23-1323 - RULES AND REGULATIONS CONCERNING EXCISE TAX — POWER OF TAX COMMISSION.

Section 23-1324 - LICENSE AND TRANSFER FEES — ALCOHOL BEVERAGE CONTROL FUND.

Section 23-1325 - FINANCIAL INTEREST IN OR AID TO RETAILERS PROHIBITED — CERTAIN AID PERMITTED.

Section 23-1325A - SERVICES PERMITTED INCIDENT TO STOCKING, ROTATION AND RESTOCKING OF WINE.

Section 23-1325B - SERVICES PERMITTED INCIDENT TO WINE DISPENSING SYSTEMS — CERTAIN ADVERTISING MATERIALS PERMITTED.

Section 23-1325C - WINE SAMPLE TASTING REQUIREMENTS AND LIMITATIONS FOR EVENTS ON RETAIL WINE LICENSE PREMISES.

Section 23-1326 - CREDIT SALES TO RETAILERS PROHIBITED.

Section 23-1327 - SALE OF WINE IN ORIGINAL CONTAINER AND SIZE OF CONTAINERS.

Section 23-1328 - RETAILER’S NAME ON LABELS PROHIBITED — DISCRIMINATION AMONG RETAILERS PROHIBITED.

Section 23-1328A - PROHIBITION OF CERTAIN TRADE PRACTICES BETWEEN VINTNERS, WINERIES, IMPORTERS OR DEALERS AND DISTRIBUTORS.

Section 23-1329 - SCHEDULES OF PRICES — FILING BY IMPORTERS AND DISTRIBUTORS — MODIFICATION OR WITHDRAWAL.

Section 23-1330 - RULES AND REGULATIONS BY DIRECTOR.

Section 23-1331 - SUSPENSION, REVOCATION, AND REFUSAL TO RENEW LICENSES AND PERMITS — MONETARY PENALTY.

Section 23-1332 - SALE BY BY-THE-DRINK LIQUOR LICENSEES.

Section 23-1333 - OPEN OR UNSEALED CONTAINERS OF WINE IN MOTOR VEHICLES ON HIGHWAYS PROHIBITED.

Section 23-1334 - MINORS — AUTHORIZATION TO DELIVER.

Section 23-1335 - VIOLATIONS OF ACT MISDEMEANORS.

Section 23-1336 - WINE SOLD OR DONATED TO PERSONS OR ASSOCIATIONS FOR BENEVOLENT, CHARITABLE OR PUBLIC PURPOSES.

Section 23-1337 - ALCOHOL BEVERAGE CATERING PERMIT.

Section 23-1338 - WINE PRODUCT SERVICE AND SALES — SPONSORED EVENTS.