23-956. CONTINUATION OF GOLF COURSE LIQUOR LICENSE FOLLOWING CHANGE OF LAND USE. Nothing contained in this chapter shall prohibit the issuance of a license to the owner, operator, or lessee of a premises previously licensed as a golf course under the provisions of section 23-903, Idaho Code, following termination of the golf course use and conversion of the premises to another use or uses, provided that the golf course was licensed as a golf course under the provisions of section 23-903, Idaho Code, for a minimum of twenty (20) years prior to such termination. The provisions of section 23-910, Idaho Code, shall be applicable to licenses issued pursuant to this section. The fees for licenses granted under the provisions of this section shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code, unless the premises is located within the incorporated limits of any city, in which case the fee shall be the same as that prescribed for a license in a city of that size as set forth in section 23-904, Idaho Code. Licenses issued under the provisions of this section are not transferable away from the premises. Upon termination of the golf course use, no part of the premises shall be eligible for the issuance of an additional license pursuant to section 23-955, Idaho Code, due to a split in ownership which occurs after such termination. The eligibility to obtain a license pursuant to this section following termination of the golf course use shall, in the event of a later split in ownership of the premises, be allocated to one (1) of the parcels resulting from such split, either by contract between the parties to the split or by grant or reservation in the deed of conveyance. In the event the contract between the parties or the deed of conveyance fails to specify which parcel retains eligibility under this section, eligibility shall be deemed to be retained by the parcel upon which is, or was, located the greater share of physical improvements at or within which alcohol was served prior to the split in ownership. Upon any further split of the parcel retaining eligibility to obtain a license pursuant to this section, the same restrictions shall apply to the new split in ownership and any future splits of the parcel retaining such eligibility, such that there shall never be more than one (1) license issued pursuant to this section for the land constituting the original golf course premises. Nothing in this section shall prohibit the issuance of a license to the owner, operator or lessee of any split-off parcel to the extent such parcel qualifies for a license under any other provision of this chapter.
History:
[23-956, added 2005, ch. 357, sec. 2, p. 1128.]
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.