HOUSE BILL NO. 348
View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
H0348aa....................................................by STATE AFFAIRS
LIQUOR STORE SALES - ELECTION DAY - Amends existing law to eliminate the
prohibition on the sale of alcoholic liquor on election day.
01/16 House intro - 1st rdg - to printing
01/17 Rpt prt - to St Aff
01/31 Rpt out - to Gen Ord
02/11 Rpt out amen - to engros
02/12 Rpt engros - 1st rdg - to 2nd rdg as amen
02/13 2nd rdg - to 3rd rdg as amen
02/18 3rd rdg as amen - PASSED - 44-25-1
AYES -- Anderson, Bayer, Bedke, Bilbao, Black, Bock, Boe, Bolz,
Brackett, Chadderdon, Chew, Clark, Durst, Eskridge, Hagedorn,
Henbest(Burgoyne), Henderson, Jaquet, Killen, King, LeFavour, Luker,
Moyle, Nonini, Pasley-Stuart, Patrick, Pence, Ringo(Cooke), Roberts,
Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
Shively, Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude,
Wills, Wood(27)
NAYS -- Andrus, Barrett, Bell, Block, Bowers, Bradford, Chavez,
Collins, Crane, Hart, Harwood, Kren, Labrador, Lake, Loertscher,
Marriott, Mathews, McGeachin, Mortimer, Nielsen, Raybould, Shirley,
Thomas, Wood(35), Mr. Speaker
Absent and excused -- Smith(30)
Floor Sponsor - Snodgrass
Title apvd - to Senate
02/19 Senate intro - 1st rdg - to St Aff
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/17 3rd rdg - FAILED - 16-16-3
AYES -- Broadsword, Burkett, Coiner, Goedde, Hammond, Jorgenson,
Kelly, Keough, Langhorst, Little, Lodge, McGee, McKague, McKenzie,
Stegner, Werk
NAYS -- Andreason, Bair, Bastian, Bilyeu, Cameron, Corder,
Darrington, Davis, Fulcher, Geddes, Heinrich, Hill,
Malepeai(Sagness), Pearce, Richardson, Siddoway
Absent and excused -- Gannon, Schroeder, Stennett
Floor Sponsor - Jorgenson
Held for reconsideration
Motion to reconsider PASSED
Reconsidered - PASSED - 18-16-1
AYES -- Broadsword, Burkett, Coiner, Goedde, Hammond, Jorgenson,
Kelly, Keough, Langhorst, Little, Lodge, McGee, McKague, McKenzie,
Schroeder, Stegner, Stennett, Werk
NAYS -- Andreason, Bair, Bastian, Bilyeu, Cameron, Corder,
Darrington, Davis, Fulcher, Geddes, Heinrich, Hill,
Malepeai(Sagness), Pearce, Richardson, Siddoway
Absent and excused -- Gannon
Floor Sponsor - Jorgenson
Title apvd - to House
03/18 To enrol - Rpt enrol - Sp signed
03/19 Pres signed
03/20 To Governor
03/25 Governor signed
Session Law Chapter 248
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 348
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE STATE LIQUOR DISPENSARY; AMENDING SECTION 23-307, IDAHO CODE,
3 TO ELIMINATE THE PROHIBITION ON THE SALE OF ALCOHOLIC LIQUOR ON ELECTION
4 DAYS AT STATE LIQUOR STORES AND DISTRIBUTING STATIONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 23-307, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 23-307. DAYS WHEN SALES ARE PROHIBITED. It shall be unlawful to transact
9 the sale or delivery of any alcoholic liquor in, on, or from the premises of
10 any state liquor store or distributing station:
11 (a) After the closing hours as established by the dispensary.
12 (b) On any Thanksgiving, Christmas or Memorial Day.
13 (c) On any Sunday, except as provided by county option pursuant to sec-
14 tion 23-308, Idaho Code.
15 (d) On any national or state election day.
16 (e) On any municipal election day held in the municipality in which a
17 store or distributing station may be situated during the time the polls
18 are open.
19 (f) During such other periods or days as may be designated by the dispen-
20 sary.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
Moved by Snodgrass
Seconded by Rusche
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 348
1 AMENDMENT TO THE BILL
2 On page 1 of the printed bill, following line 20, insert:
3 "SECTION 2. That Section 23-927, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 23-927. HOURS OF SALE OF LIQUOR. (1) No liquor shall be sold, offered for
6 sale, or given away upon any licensed premises, and all liquor not in sealed
7 bottles must be locked in a separate room or cabinet during the following
8 hours:
9 a. Sunday, Memorial Day, Thanksgiving and Christmas from 1 o'clock A.M.,
10 to 10 o'clock A.M. the following day; provided however, that on any Sunday
11 not otherwise being a prescribed holiday, it shall be lawful for a licen-
12 see having banquet area or meeting room facilities, separate and apart
13 from the usual dispensing area (bar room) and separate and apart from a
14 normal public dining room unless such dining room is closed to the public,
15 to therein dispense liquor between the hours of 2 o'clock P.M. and 11
16 o'clock P.M. to bona fide participants of banquets, receptions or conven-
17 tions for consumption only within the confines of such banquet area or
18 meeting room facility.
19 b. On any other day between 1 o'clock A.M. and 10 o'clock A.M.
20 c. On any day of a general or primary election until after the time when
21 the polls are closed. There is no prohibition against the sale of liquor
22 by the drink during city elections unless the city has enacted an ordi-
23 nance prohibiting such sales.
24 d. When any city or county has any ordinance further limiting the hours
25 of sale of liquor, by the drink, then such hours shall be fixed by such
26 ordinance.
27 (2) A county or city may, however, by ordinance, allow the sale of liquor
28 by the drink on a Sunday, Memorial Day and Thanksgiving, and may also extend
29 until 2 o'clock A.M. the hours of the sale of liquor by the drink.
30 (3) Any patron present on the licensed premises after the sale of liquor
31 has stopped as provided in subsection (1) and subsection (2) above shall have
32 a reasonable time, not to exceed thirty (30) minutes, to consume any beverages
33 already served.
34 (4) Any person who consumes or intentionally permits the consumption of
35 any alcoholic beverage upon licensed premises after the time provided for in
36 subsection (3) shall be guilty of a misdemeanor.
37 (5) It shall be the duty of every person who is employed at or upon a
38 licensed premises or who owns or manages a licensed premises and is present
39 upon the licensed premises during the hours and at the time set forth in sub-
40 section (1) and subsection (2) of this section to lock up and keep locked up
41 in a locked room or locked cabinet all unsealed containers of liquor during
42 the hours and at the times set forth in subsection (1) and subsection (2) of
2
1 this section, and any such person who fails to perform the duty provided
2 herein shall be guilty of a misdemeanor.".
3 CORRECTIONS TO TITLE
4 On page 1, in line 2, following "DISPENSARY" insert: "AND HOURS OF SALE OF
5 LIQUOR"; and in line 4, following "STATIONS" insert: "; AND AMENDING SECTION
6 23-927, IDAHO CODE, TO ELIMINATE THE PROHIBITION ON THE SALE OF LIQUOR BY THE
7 DRINK ON ELECTION DAYS WHEN THE POLLS ARE OPEN".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 348, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE STATE LIQUOR DISPENSARY AND HOURS OF SALE OF LIQUOR; AMENDING
3 SECTION 23-307, IDAHO CODE, TO ELIMINATE THE PROHIBITION ON THE SALE OF
4 ALCOHOLIC LIQUOR ON ELECTION DAYS AT STATE LIQUOR STORES AND DISTRIBUTING
5 STATIONS; AND AMENDING SECTION 23-927, IDAHO CODE, TO ELIMINATE THE PROHI-
6 BITION ON THE SALE OF LIQUOR BY THE DRINK ON ELECTION DAYS WHEN THE POLLS
7 ARE OPEN.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 23-307, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 23-307. DAYS WHEN SALES ARE PROHIBITED. It shall be unlawful to transact
12 the sale or delivery of any alcoholic liquor in, on, or from the premises of
13 any state liquor store or distributing station:
14 (a) After the closing hours as established by the dispensary.
15 (b) On any Thanksgiving, Christmas or Memorial Day.
16 (c) On any Sunday, except as provided by county option pursuant to sec-
17 tion 23-308, Idaho Code.
18 (d) On any national or state election day.
19 (e) On any municipal election day held in the municipality in which a
20 store or distributing station may be situated during the time the polls
21 are open.
22 (f) During such other periods or days as may be designated by the dispen-
23 sary.
24 SECTION 2. That Section 23-927, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 23-927. HOURS OF SALE OF LIQUOR. (1) No liquor shall be sold, offered for
27 sale, or given away upon any licensed premises, and all liquor not in sealed
28 bottles must be locked in a separate room or cabinet during the following
29 hours:
30 a. Sunday, Memorial Day, Thanksgiving and Christmas from 1 o'clock A.M.,
31 to 10 o'clock A.M. the following day; provided however, that on any Sunday
32 not otherwise being a prescribed holiday, it shall be lawful for a licen-
33 see having banquet area or meeting room facilities, separate and apart
34 from the usual dispensing area (bar room) and separate and apart from a
35 normal public dining room unless such dining room is closed to the public,
36 to therein dispense liquor between the hours of 2 o'clock P.M. and 11
37 o'clock P.M. to bona fide participants of banquets, receptions or conven-
38 tions for consumption only within the confines of such banquet area or
39 meeting room facility.
40 b. On any other day between 1 o'clock A.M. and 10 o'clock A.M.
41 c. On any day of a general or primary election until after the time when
2
1 the polls are closed. There is no prohibition against the sale of liquor
2 by the drink during city elections unless the city has enacted an ordi-
3 nance prohibiting such sales.
4 d. When any city or county has any ordinance further limiting the hours
5 of sale of liquor, by the drink, then such hours shall be fixed by such
6 ordinance.
7 (2) A county or city may, however, by ordinance, allow the sale of liquor
8 by the drink on a Sunday, Memorial Day and Thanksgiving, and may also extend
9 until 2 o'clock A.M. the hours of the sale of liquor by the drink.
10 (3) Any patron present on the licensed premises after the sale of liquor
11 has stopped as provided in subsection (1) and subsection (2) above shall have
12 a reasonable time, not to exceed thirty (30) minutes, to consume any beverages
13 already served.
14 (4) Any person who consumes or intentionally permits the consumption of
15 any alcoholic beverage upon licensed premises after the time provided for in
16 subsection (3) shall be guilty of a misdemeanor.
17 (5) It shall be the duty of every person who is employed at or upon a
18 licensed premises or who owns or manages a licensed premises and is present
19 upon the licensed premises during the hours and at the time set forth in sub-
20 section (1) and subsection (2) of this section to lock up and keep locked up
21 in a locked room or locked cabinet all unsealed containers of liquor during
22 the hours and at the times set forth in subsection (1) and subsection (2) of
23 this section, and any such person who fails to perform the duty provided
24 herein shall be guilty of a misdemeanor.
REPRINT REPRINT REPRINT REPRINT
STATEMENT OF PURPOSE
RS 17356
The proposed legislation ends an archaic ban on election day
packaged alcoholic liquor sales from state liquor stores and
contract liquor stores. The legislation also provides for liquor-
by-the-drink to be sold prior to the polls closing on days of
elections. Wine and beer can already be purchased in restaurants,
convenience stores, and supermarkets on election days. Eliminating
these prohibitions on election day liquor sales is a step towards
modernizing the spirits market in counties, and cities. Idaho is
one (1) of only nine (9) states that still place election day
restrictions on packaged liquor store operating hours. The outdated
concern of influencing voting (voting used to take place in
drinking establishments) is no longer a valid concern.
FISCAL NOTE
The fiscal impact of opening all state liquor stores and contract
stores statewide on election days is an increase of approximately
three hundred fifty thousand dollars ($350,000) and an increase in
net profits of one hundred twenty-two thousand dollars ($122,000)
per election day. The numbers are nearly identical for primary
election day or general election day.
Contact
Name: Dyke Nally, Liquor Dispensary
Phone: (208)947-9402
STATEMENT OF PURPOSE/FISCAL NOTE H 348
REPRINT REPRINT REPRINT REPRINT