License to retail liquor.
(1) The director of the Idaho state police is hereby empowered, authorized, and directed to issue licenses to qualified applicants, as provided in this chapter, whereby the licensee shall be authorized and permitted to sell liquor by the drink at retail, and, upon the issuance of such license, the licensee shall be authorized to sell liquor at retail by the drink, but only in accordance with the rules promulgated by the director and the provisions of this chapter. No license shall be issued for the sale of liquor on any premises outside the incorporated limits of any city except as provided in this chapter, and the number of licenses so issued for any city shall not exceed one (1) license for each one thousand five hundred (1,500) of population of said city or fraction thereof, as established in the last preceding census, or any subsequent special census conducted by the United States census bureau or by an estimate that is statistically valid including adding the number of new residential utility connections or including adding the population of areas annexed into the city after the last census or special census was conducted, except that upon proper application thereof not more than two (2) licenses may be issued for each incorporated city with a population of one thousand five hundred (1,500) or less, unless the retail licensing of liquor by the drink has been previously disapproved under the provisions of sections 23-917, 23-918, 23-919, 23-920 and 23-921, Idaho Code; provided however, that any license heretofore issued may be renewed from year to year without regard to the population or status of the city for which such license is issued. Any license issued that has remained in effect at its location for a consecutive period of ten (10) years or more shall be deemed to have been validly issued and may be renewed from year to year, provided that the applicant for the renewal of such license is not otherwise disqualified for licensure pursuant to section 23-910, Idaho Code, and, if the premises required special characteristics for original licensure, other than being either within or without the incorporated limits of a city, that said premises continue to have such special characteristics at the time of the application for renewal.
Notes of Decisions
Cited in
13
cases, 1962–1991 · leading case:
Kopp v. State, 595 P.2d 309 (Idaho 1979).
Kopp v. State, 595 P.2d 309 (Idaho 1979).
· cites it 133× “The principal issue raised is whether the state liquor license in question was issued in accordance with the legal requisites of I.C. § 23-903. Since our resolution of this issue is dispositive, other issues raised by the parties will not be discussed.”
Crazy Horse, Inc. v. Pearce, 572 P.2d 865 (Idaho 1977).
· cites it 48× “The legislature did not take away any of the licenses that existed previous to the 1959 amendment.”
Henson v. Dep't of Law Enf't, 684 P.2d 996 (Idaho 1984).
· cites it 44× “However, the Court, in holding against appellant, stated the following: “Idaho Code § 23-903 is the only statute that sets the number of liquor licenses allowed.”
J.R. Simplot Co. v. Idaho State Tax Comm'n, 820 P.2d 1206 (Idaho 1991).
· cites it 4× “2d 309 (1979), it did so only after finding "that the Department of Law Enforcement's interpretation of I.C. § 23-903 [was] correct. " Kopp, 100 Idaho at 164 , 595 P.”
State v. Cantrell, 496 P.2d 276 (Idaho 1972).
· cites it 7× “[2] I.C. §§ 23-903 and 23-948 require a business engaged in the retail sale of liquor by the drink to be located within an incorporated city, excepting 1) upon a "golf course" as defined; 2) an "airport" as defined; or 3) at a "lake resort" as defined.”
Adams v. Dep't of Law Enf't, 580 P.2d 858 (Idaho 1978).
· cites it 16× “Licenses for the retail sale of liquor by the drink are governed by I.C. § 23-903: The director of the department of law enforcement is hereby empowered, authorized, and directed to issue licenses to qualified applicants, as herein provided .”
Uptick Corp. v. Ahlin, 647 P.2d 1236 (Idaho 1982).
· cites it 8× “In 1959, while this lease was in effect, the Idaho legislature enacted I.C. § 23-903, or the so-called " per capita law," [1] 1959 Idaho Sess.”
Fox v. Bd. of Cnty. Commissioners, 827 P.2d 699 (Idaho Ct. App. 1991).
· cites it 10× “Second, the County suggests that the district court should have applied recent amendments to I.C. § 23-903, in considering the validity of the Commissioners’ renewal of the beverage licenses.”
Weller v. Hopper, 379 P.2d 792 (Idaho 1963).
· cites it 4× “” Respondent, however, in his argument, pointed out that the Legislature, in 1959, amended I.C. § 23-903 to provide a limitation on the number of licenses that may be issued, based upon population, the salient portions of the amendment reading: “ * * * the number of licenses so…”
McBride v. Hopper, 372 P.2d 401 (Idaho 1962).
· cites it 8× “The pertinent portion of I.C. § 23-903 is as follows: “The commissioner of law enforcement is hereby empowered, authorized, and directed to issue licenses to qualified applicants, as herein provided, whereby the licensee shall be authorized and permitted to sell liquor by the…”
Schieche v. Pasco, 395 P.2d 671 (Idaho 1964).
· cites it 4× “2d 792 (1963), this court held, as summarized in syllabus four, that: "Statutes governing transfer of liquor licenses and limiting number of licenses that may be issued connote that liquor license, as between licensee and third persons, constitutes right to which value as…”
Bilbao v. Krettinger, 415 P.2d 712 (Idaho 1966).
· cites it 2× “Under I.C. § 23-903 only two such licenses were available for use in the village of Marsing.”
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