Declaration of policy — Retail sale of liquor.
It is hereby declared as the policy of the state of Idaho that it is necessary to further regulate and control the sale and distribution within the state of alcoholic beverages and to eliminate certain illegal traffic in liquor now existing and to insure the entire control of the sale of liquor it is advisable and necessary, in addition to the operation of the state liquor stores now provided by law, that the director of the Idaho state police and the county commissioners and the councils of cities in the state of Idaho be empowered and authorized to grant licenses to persons qualified under this act to sell liquor purchased by them at state liquor stores at retail posted prices in accordance with this act and under the rules promulgated by said director and under his strict supervision and control and to provide severe penalty for the sale of liquor except by and in state liquor stores and by persons licensed under this act. The restrictions, rules, and provisions contained in this act are enacted by the legislature for the protection, health, welfare and safety of the people of the state of Idaho and for the purpose of promoting and encouraging temperance in the use of alcoholic beverages within the state of Idaho.
Notes of Decisions
Uptick Corp. v. Ahlin, 647 P.2d 1236 (Idaho 1982).
· cites it 24× “I.C. § 23-901. Qualifications and restrictions on licensees are set out in I.”
Meade v. Freeman, 462 P.2d 54 (Idaho 1969).
· cites it 12× “Appellants then point to our statutes controlling the sale of intoxicants, I.C. §§ 23-901, 23-929. [4] They theorize that the enactment of those statutes changes the common law alluded to above and call attention to certain cases sustaining their theory.”
State v. Cantrell, 496 P.2d 276 (Idaho 1972).
· cites it 12× “" The introductory section to the relevant part of Title 23, I.C. § 23-901, declares that: "The restrictions, regulations, and provisions contained in this act are enacted by the legislature for the protection, health, welfare and safety of the people of the state of Idaho and…”
Kopp v. State, 595 P.2d 309 (Idaho 1979).
· cites it 4× “The Department of Law Enforcement is responsible for administering and enforcing Idaho's Retail Sale of Liquor by the Drink Act, I.C. §§ 23-901 23-949. I.C. § 23-932 gives the director of the Department broad powers to carry out the provisions of the Act, including the power…”
Slade v. Smith's Mgmt. Corp., 808 P.2d 401 (Idaho 1991).
· cites it 4× “The opinion pointed out that I.C. § 23-901 made the enhancement of safety the purpose of I.”
Fischer v. Cooper, 775 P.2d 1216 (Idaho 1989).
· cites it 4× “A person wishing to obtain a liquor license must submit an application to the Department of Law Enforcement, setting forth the applicant's qualifications and statements and information relative to the premises where the liquor is to be sold.”
Young v. Idaho Dep't of Law Enf't, 853 P.2d 615 (Idaho Ct. App. 1993).
· cites it 2× “Those regulations, promulgated by the director of the Department pursuant to I.C. § 23-901 et seq., provide, in part: The Alcohol Beverage Control Division shall maintain a priority list of applicants for those cities in which no incorporated city liquor license is available.”
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treatment. Dots show Syfertize treatment of the citing case itself.