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Key Votes

S 1148 - Alcohol Law Amendments - Key Vote

Idaho Key Votes

Nicole LeFavour voted Yea (Passage) on this Legislation.

Read statements Nicole LeFavour made in this general time period.

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Legislation - Bill Failed (House) (28-42) - (Key vote)

Title: Alcohol Law Amendments

Vote Smart's Synopsis:

Vote to pass a bill that amends and supplements statutes related to alcohol regulation, including repealing the existing liquor licensing system, authorizing cities and counties to issue municipal liquor licenses, amending liquor license fees, and amending administrative penalties for establishments that violate alcohol laws.

Highlights:
-Repeals the existing liquor licensing system that authorized the Idaho State Police to issue one state liquor license per 1,500 residents of an incorporated city (Sec. 8). -Authorizes cities and counties to issue municipal liquor licenses to restaurants and lodging facilities beginning 60 days after the effective date of this Act (Secs. 11 - 12). -Authorizes city councils and boards of county commissioners to collect an annual fee of up to $3,000 for the issuance of municipal liquor licenses, but limits annual renewal fees to 75 percent of the original license fee for city councils and 25 percent of the original license fee for boards of county commissioners (Sec. 20). -Repeals the existing fee schedule for state liquor licenses and establishes the following fees schedule (Secs. 8 & 20):
    -$375 per year for establishments in cities with populations of 1,000 or less or counties with populations of 10,000 or less; -$600 per year for establishments in cities with populations between 1,000 and 3,000 or counties with populations between 10,000 and 25,000; -$900 per year for establishments in cities with populations in excess of 3,000 or counties with populations in excess of 25,000; -$75 per year for railroad trains; -$300 per year for common carrier boat lines; -$350 per year for common carrier airlines; -$3,500 per year for year-round resorts; and -$3,500 per year for owners, operators, or lessees of a beverage, lodging, or dining facility on a year-round resort.
-Authorizes existing state liquor license holders to transfer the license anywhere within the state where liquor by the drink establishments are allowed (Sec. 10). -Increases the discount that the Director of the State Liquor Division may give to a liquor license holder who purchases liquor from the State Liquor Division from 5 percent to 10 percent of each order (Sec. 1). -Amends the prohibition on dispensing alcohol to an intoxicated individual by requiring that the individual be "obviously" intoxicated, and establishes the following sentencing guidelines (Sec. 4):
    -First violation: Misdemeanor, punishable by a fine of $500 to $1,000, 1 year imprisonment, or both; and -Second or subsequent violation: Misdemeanor, punishable by a fine of $1,000 to $2,000, 1 year imprisonment, or both.
-Establishes the following administrative penalties for liquor license holders if their employees violate liquor laws (Chapter 6, Title 23) (Sec. 5):
    -If the employees, at the time of the violation, have completed an approved alcohol training program:
      -First and second violation within a 3 year period: Written warning; -Third violation within a 3 year period: $500 fine; and -Fourth or subsequent violation within a 3 year period: the responsible authority who issued the license shall review the circumstances and may take additional administrative action against the license holder, including, but not limited to, revoking their liquor license;
    -If the employees, at the time of the violation, have not completed an approved alcohol training program:
      -First violation within a 3 year period: $300 fine; -Second violation within a 3 year period: $1,000; and -Third or subsequent violation within a 3 year period: the responsible authority who issued the license shall review the circumstances and may take additional administrative action against the license holder, including, but not limited to, revoking their liquor license.
-Prohibits an individual under the age of 21 from entering or remaining in a place that is licensed to sell liquor by the drink, or the sale of beer for consumption on the premises. The following are exempted from this provision (Sec. 3):
    -Musicians and singers who are 18 years of age or older, but only during the course of their employment as musicians and singers; and -Employees who are 19 years of age or older and are authorized to sell, serve, possess, or dispense alcohol during the course of their employment.
-Classifies the offense of a minor knowingly misrepresenting their age for the purposes of entering a licensed facility as a misdemeanor, with the following sentencing guidelines (Sec. 3):
    -First violation: Fine of up to $1,000 and a 1 year suspension or restriction of driving privileges; -Second violation: Fine of up to $2,000, 30 days imprisonment, or both, and a 2 year suspension or restriction of driving privileges; and -Third or subsequent violation: $3,000, 60 days imprisonment, or both, and a 2 year suspension or restriction of driving privileges.
Legislation - Bill Passed (Senate) (23-12) - (Key vote)

Title: Alcohol Law Amendments

Vote Smart's Synopsis:

Vote to pass a bill that amends and supplements statutes related to alcohol regulation, including repealing the existing liquor licensing system, authorizing cities and counties to issue municipal liquor licenses, amending liquor license fees, and amending administrative penalties for establishments that violate alcohol laws.

Highlights:
-Repeals the existing liquor licensing system that authorized the Idaho State Police to issue one state liquor license per 1,500 residents of an incorporated city (Sec. 8). -Authorizes cities and counties to issue municipal liquor licenses to restaurants and lodging facilities beginning 60 days after the effective date of this Act (Secs. 11 - 12). -Authorizes city councils and boards of county commissioners to collect an annual fee of up to $3,000 for the issuance of municipal liquor licenses, but limits annual renewal fees to 75 percent of the original license fee for city councils and 25 percent of the original license fee for boards of county commissioners (Sec. 20). -Repeals the existing fee schedule for state liquor licenses and establishes the following fees schedule (Secs. 8 & 20):
    -$375 per year for establishments in cities with populations of 1,000 or less or counties with populations of 10,000 or less; -$600 per year for establishments in cities with populations between 1,000 and 3,000 or counties with populations between 10,000 and 25,000; -$900 per year for establishments in cities with populations in excess of 3,000 or counties with populations in excess of 25,000; -$75 per year for railroad trains; -$300 per year for common carrier boat lines; -$350 per year for common carrier airlines; -$3,500 per year for year-round resorts; and -$3,500 per year for owners, operators, or lessees of a beverage, lodging, or dining facility on a year-round resort.
-Authorizes existing state liquor license holders to transfer the license anywhere within the state where liquor by the drink establishments are allowed (Sec. 10). -Increases the discount that the Director of the State Liquor Division may give to a liquor license holder who purchases liquor from the State Liquor Division from 5 percent to 10 percent of each order (Sec. 1). -Amends the prohibition on dispensing alcohol to an intoxicated individual by requiring that the individual be "obviously" intoxicated, and establishes the following sentencing guidelines (Sec. 4):
    -First violation: Misdemeanor, punishable by a fine of $500 to $1,000, 1 year imprisonment, or both; and -Second or subsequent violation: Misdemeanor, punishable by a fine of $1,000 to $2,000, 1 year imprisonment, or both.
-Establishes the following administrative penalties for liquor license holders if their employees violate liquor laws (Chapter 6, Title 23) (Sec. 5):
    -If the employees, at the time of the violation, have completed an approved alcohol training program:
      -First and second violation within a 3 year period: Written warning; -Third violation within a 3 year period: $500 fine; and -Fourth or subsequent violation within a 3 year period: the responsible authority who issued the license shall review the circumstances and may take additional administrative action against the license holder, including, but not limited to, revoking their liquor license;
    -If the employees, at the time of the violation, have not completed an approved alcohol training program:
      -First violation within a 3 year period: $300 fine; -Second violation within a 3 year period: $1,000; and -Third or subsequent violation within a 3 year period: the responsible authority who issued the license shall review the circumstances and may take additional administrative action against the license holder, including, but not limited to, revoking their liquor license.
-Prohibits an individual under the age of 21 from entering or remaining in a place that is licensed to sell liquor by the drink, or the sale of beer for consumption on the premises. The following are exempted from this provision (Sec. 3):
    -Musicians and singers who are 18 years of age or older, but only during the course of their employment as musicians and singers; and -Employees who are 19 years of age or older and are authorized to sell, serve, possess, or dispense alcohol during the course of their employment.
-Classifies the offense of a minor knowingly misrepresenting their age for the purposes of entering a licensed facility as a misdemeanor, with the following sentencing guidelines (Sec. 3):
    -First violation: Fine of up to $1,000 and a 1 year suspension or restriction of driving privileges; -Second violation: Fine of up to $2,000, 30 days imprisonment, or both, and a 2 year suspension or restriction of driving privileges; and -Third or subsequent violation: $3,000, 60 days imprisonment, or both, and a 2 year suspension or restriction of driving privileges.
Legislation - Introduced (Senate) -

Title: Alcohol Law Amendments

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