Idaho Code
Idaho Code

Idaho Code § 23-1015 (2026)

County retailers’ license, when required, procedure. 

✓ current as of May 2026
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County retailers’ license, when required, procedure. 

(1) It shall be unlawful for any retailer to sell beer without first procuring a retailer’s license from the county, said license to be issued on such conditions and terms as may be required by the board of county commissioners in the county wherein such place of sale of beer is located; provided, that no county shall exact a license fee from any dealer except as follows:

(a)  Where such retailer sells only bottled or canned beer: none of which is consumed on the premises where sold, the license fee shall be equal to twenty-five per cent (25%) of the license fee exacted under subsection (1)(b) of this section relating to draught beer and bottled or canned beer, or draught beer only; and where such bottled or canned beer is consumed on the premises where sold the license fee shall be seventy-five per cent (75%) of the fee exacted under said subsection (b) hereof.
(b)  Where such retailer sells draught beer and bottled or canned beer, or draught beer only, not in excess of one hundred dollars ($100), a year.
(2)  The board of county commissioners shall establish a procedure for processing applications for licenses, transfers or renewals thereof in a timely manner. Each application for a license, transfer or renewal thereof, required by the provisions of this section, shall be submitted to the board of county commissioners for a decision. The board of county commissioners shall have a reasonable time to examine the application before a decision is made on granting or denying the license, or the transfer or renewal thereof. Each board of county commissioners shall establish, by ordinance, a time period within which a decision must be made following submission of an application. Whenever a board of county commissioners denies an application, the board shall specify in writing:
(a)  The statutes, ordinances and standards used in evaluating the application;
(b)  The reasons for denial; and
(c)  The actions, if any, that the applicant could take to obtain the license, transfer or renewal thereof.
(3)  An applicant denied a license, transfer or renewal thereof or aggrieved by a decision of the board of county commissioners pursuant to this section may, within twenty-eight (28) days, after all remedies have been exhausted under county ordinances or procedures, seek judicial review under the procedures provided in chapter 52, title 67, Idaho Code, and for such purposes a county shall be construed to mean an agency.
(4)  In all cases where the board of county commissioners is considering applications for licenses, transfers or renewals thereof, a transcribable verbatim record of the proceedings shall be made. If the application for a license, transfer or renewal is denied, a transcribable, verbatim record of the proceedings shall be kept for a period of not less than six (6) months after a final decision on the matter. Upon written request and within the time period provided for retention of the record, any person may have the record transcribed at his expense. The board of county commissioners shall also provide for the keeping of minutes of the proceedings. Minutes shall be retained indefinitely or as otherwise provided by law.
Notes of Decisions
Cited in 5 cases, 1949–2003 · leading case: Westway Constr., Inc. v. Idaho Transp. Dep't, 73 P.3d 721 (Idaho 2003).
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Westway Constr., Inc. v. Idaho Transp. Dep't, 73 P.3d 721 (Idaho 2003). · cites it 2× “Idaho Code § 23-1015 (3) expressly provided that an applicant who was denied a license renewal could seek judicial review under §§ 67-5215 and 67-5216 of the APA, and in Fox the landowner argued that he too should be entitled to judicial review under the APA.”
Fox v. Bd. of Cnty. Commissioners, 827 P.2d 699 (Idaho Ct. App. 1991). · cites it 6× “Section 12-117(4)(b) recites that “state agency” means “any agency as defined in section 67-5201(1),” which, in turn provides that: “Agency” means each state board, commission, department or officer authorized by law to make rules or to determine contested cases____” Another…”
Clyde Hess Distrib. Co. v. Bonneville Cnty., 210 P.2d 798 (Idaho 1949). · cites it 2× “By Section 23-1015, I.C., counties are authorized to issue licenses upon such conditions and terms as they may require.”
Fox v. Boundary Cnty. Bd. of Com'rs, 763 P.2d 313 (Idaho Ct. App. 1988). · cites it 10× “83-17, which is practically identical to the statute governing county licensing procedures, I.C. § 23-1015. Fox notes that both the ordinance and the statute provide for judicial review under the APA.”
Gartland v. Talbott, 237 P.2d 1067 (Idaho 1951). ““It shall be unlawful for any retailer to sell beer without first procuring a retailer’s license from the county, said license to be issued on such conditions and terms as may be required by the board of county commissioners in the county wherein such place of sale of beer is…”
— Idaho Code § 23-1015(3) — 1 case
Fox v. Boundary Cnty. Bd. of Com'rs, 763 P.2d 313 (Idaho Ct. App. 1988). “83-17, which is practically identical to the statute governing county licensing procedures, I.C. § 23-1015. Fox notes that both the ordinance and the statute provide for judicial review under the APA.”
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