23-912. RESTRICTIONS OF PERSONS INTERESTED IN PREMISES. (1) Except as provided in subsection (2) of this section, no manufacturer, rectifier, wholesaler, stockholder, shareholder, partner or the owner of any other interest in any corporation, association or partnership financially interested in the manufacture, transportation (except public carriers) or sale of liquor shall hold any interest in any premise licensed hereunder for the sale of liquor or receive any rental or remuneration from any such premise.
(2) A manufacturer, rectifier, wholesaler, stockholder, shareholder, partner or the owner of any interest in any corporation, association or partnership financially interested in the manufacture, transportation or sale of liquor may hold interest in a licensed premises if the licensed premises serves food cooked on the site of the licensed premises, and the person or entity can show through recordkeeping that no more than fifty percent (50%) of the gross revenue to the licensed premises is derived from the sale of alcoholic beverages on-site. The owner of the licensed premises pursuant to this subsection shall comply with and be subject to all other rules, regulations or other provisions of law which apply to manufacturers, rectifiers, wholesalers, stockholders, shareholders, partners or the owners of any interest in any corporation, association or partnership financially interested in the manufacture, transportation or sale of liquor save and except as such rules, regulations or laws may restrict such sales at the licensed premises. The holder of a license pursuant to this section shall not be disqualified from holding a beer license, a retail wine license or wine by the drink license for the sale of beer or wine at the licensed premises on the grounds that the licensee is also a manufacturer, wholesaler, stockholder, shareholder, partner or the owner of any interest in any corporation, association or partnership financially interested in the manufacture, transportation or sale of liquor, beer or wine. This subsection shall not be deemed to grant a license for the retail sale of liquor by the drink and the license must be obtained through normal lawful means.
History:
[23-912, added 1947, ch. 274, sec. 12, p. 870; am. 1999, ch. 141, sec. 3, p. 405.]
Structure Idaho Code
Title 23 - ALCOHOLIC BEVERAGES
Chapter 9 - RETAIL SALE OF LIQUOR BY THE DRINK
Section 23-901 - DECLARATION OF POLICY — RETAIL SALE OF LIQUOR.
Section 23-903 - LICENSE TO RETAIL LIQUOR.
Section 23-903a - LICENSE TO RETAIL LIQUOR — SKI RESORTS — CROSS-COUNTRY SKIING FACILITIES.
Section 23-904 - LICENSE FEES.
Section 23-905 - APPLICATION FOR LICENSES — PENALTY FOR FALSE STATEMENTS.
Section 23-907 - INVESTIGATION OF APPLICATIONS.
Section 23-908 - FORM OF LICENSE — AUTHORITY — EXPIRATION — LIMITATIONS.
Section 23-910 - PERSONS NOT QUALIFIED TO BE LICENSED.
Section 23-911 - RESTRICTIONS ON MANUFACTURERS, TRANSPORTERS OR DISTILLERS.
Section 23-912 - RESTRICTIONS OF PERSONS INTERESTED IN PREMISES.
Section 23-913 - LICENSEE NOT ALLOWED NEAR CHURCHES OR SCHOOLS — EXCEPTIONS.
Section 23-914 - LICENSEE MUST PURCHASE FROM DIVISION — PRICE.
Section 23-915 - OFFICERS MAY SEIZE ILLEGAL LIQUOR.
Section 23-916 - COUNTY AND CITY LICENSES.
Section 23-917 - REFERENDUM — LOCAL OPTION.
Section 23-918 - FORM OF BALLOT.
Section 23-919 - EFFECT OF ELECTION — LIQUOR STORE SALES NOT AFFECTED.
Section 23-920 - SUBSEQUENT ELECTIONS.
Section 23-921 - NO RETAIL SALE EXCEPT BY THE DRINK.
Section 23-926 - DESTRUCTION OF STAMPS — SANITARY REQUIREMENTS.
Section 23-927 - HOURS OF SALE OF LIQUOR.
Section 23-928 - SALE AWAY FROM LICENSED PREMISES PROHIBITED — GAMBLING PROHIBITED.
Section 23-930 - OFFICERS MAY EXAMINE PREMISES.
Section 23-931 - ADVERTISING PROHIBITED.
Section 23-932 - DIRECTOR TO MAKE REGULATIONS — FURNISH FORMS AND RECORDS.
Section 23-933 - SUSPENSION, REVOCATION, AND REFUSAL TO RENEW LICENSES.
Section 23-933A - LICENSES — SUSPENSION OR REVOCATION FOR VIOLATION OF OBSCENITY LAWS.
Section 23-933B - PROCEDURE FOR OTHER LICENSING AUTHORITIES.
Section 23-934 - UNLICENSED ROOMS UNLAWFUL — EXCEPTION.
Section 23-934A - ALCOHOL BEVERAGE CATERING PERMIT — APPLICATION.
Section 23-934B - FILING OF APPLICATION — APPROVAL.
Section 23-934C - REGULATORY AND PENALTY PROVISIONS APPLICABLE.
Section 23-935 - VIOLATION — MISDEMEANORS.
Section 23-936 - DUTY OF PUBLIC OFFICERS.
Section 23-937 - VIOLATION A MORAL NUISANCE.
Section 23-938 - SELLING LIQUOR WITHOUT LICENSE — PENALTY.
Section 23-939 - SEPARABILITY.
Section 23-940 - ALCOHOL BEVERAGE CONTROL FUND.
Section 23-941 - DECLARATION OF PUBLIC POLICY.
Section 23-943A - IDENTIFICATION.
Section 23-944 - EXCEPTIONS FROM RESTRICTION ON ENTERING OR REMAINING.
Section 23-945 - POSTING SIGNS AS TO RESTRICTION.
Section 23-947 - VIOLATIONS OF ACT A MISDEMEANOR.
Section 23-948 - WATERFRONT RESORTS — LICENSING EVEN IF OUTSIDE CORPORATE LIMITS OF CITY.
Section 23-950 - RESTRICTION AGAINST TRANSFER OF LICENSE.
Section 23-951 - DISTILLED SPIRITS FUELS.
Section 23-952 - CROSS-COUNTRY SKIING FACILITY — LICENSING EVEN IF OUTSIDE CORPORATE LIMITS OF CITY.
Section 23-953 - RACING FACILITIES — LICENSING.
Section 23-954 - THEME PARKS — LICENSING.
Section 23-955 - SPLIT OWNERSHIP FACILITY — LICENSING.
Section 23-956 - CONTINUATION OF GOLF COURSE LIQUOR LICENSE FOLLOWING CHANGE OF LAND USE.