Idaho Code
Idaho Code § 23-1012 (2026)
Hours of sale.
✓ current as of May 2026
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Hours of sale.
(1) It shall be unlawful and a misdemeanor for any person in any place licensed to sell beer or where beer is sold or dispensed to be consumed on the premises, whether conducted for pleasure or profit, to sell, dispense or give away beer between the hours of one (1) o’clock A.M. and six (6) o’clock A.M.
(2) Any patron present on the licensed premises after the sale of beer has stopped as provided in subsections (1) and (4) herein shall have a reasonable time, not to exceed thirty (30) minutes, to consume any beverage already served.
(3) Any person who consumes or intentionally permits the consumption of any alcoholic beverage upon the licensed premises after the time provided for in subsection (2) shall be guilty of a misdemeanor.
(4) A county or city may, however, extend, until two (2) o’clock A.M., the hours of the sale of beer.
Notes of Decisions
Cited in 5
cases, 1949–1981 · leading case: Blue Note, Inc. v. Hopper, 377 P.2d 373 (Idaho 1962).
Blue Note, Inc. v. Hopper, 377 P.2d 373 (Idaho 1962). “Respondent, hereinafter referred to as the commissioner, made a “determination” suspending for 60 days the beer license issued by the State to appellant, for the unlawful sale of beer after hours, in violation of I.C. § 23-1012; notice of this determination was served on…”
Clyde Hess Distrib. Co. v. Bonneville Cnty., 210 P.2d 798 (Idaho 1949). “Section 23-1012, I.C., prohibits the sale of beer during certain hours.”
State v. Bush, 466 P.2d 578 (Idaho 1970). “The term "dispense," as used in that section and in I.C. § 23-1012 appears to refer only to commercial sales of beer.”
Taggart v. Latah Cnty., 298 P.2d 979 (Idaho 1956). “, has not occupied and did not intend to occupy the whole field of hours of sale of beer, thereby making any regulation by the county necessarily inconsistent with the general law. Ex parte Iverson, 199 Cal.”
Russell v. Teton City, 630 P.2d 140 (Idaho 1981). “Plaintiff appellants contend that a 1978 amendment to I.C. § 23-1012 1 demon *349 strates that the legislature no longer intends to interfere with the rights of licensed vendors to dispense beer to adult citizens for their private, off-premises consumption.”
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