Investigation of applications.
Upon receipt of an application for a license under this act, accompanied by the necessary license fee, the director, within ninety (90) days thereafter, shall cause to be made a thorough investigation of all matters pertaining thereto. The investigation shall include a fingerprint-based criminal history check of the Idaho central criminal history database and the federal bureau of investigation criminal history database. Each person listed as an applicant on an initial application shall submit a full set of fingerprints and the fee to cover the cost of the criminal history background check for such person with the application. If the director shall determine that the contents of the application are true, that such applicant is qualified to receive a license, that his premises are suitable for the carrying on of the business, and that the requirements of this act and the rules promulgated by the director are met and complied with, he shall issue such license; otherwise the application shall be denied and the license fee, less the costs and expenses of investigation, returned to the applicant.
In making the investigation required by this section the director shall have the power to investigate and examine the books and records of the licensee and any person having a financial interest in any business to be conducted on the licensed premises, including, but not limited to, their bank accounts, returns filed under the Idaho income tax act, as amended, and any other sources of information deemed desirable by the director and not specifically prohibited by law.
Notes of Decisions
BHA Investments, Inc. v. State, 63 P.3d 474 (Idaho 2003).
· cites it 2× “§ 23-908(2) and I.C. § 23-907. BHA was also told that it must pay 10% of the license transfer sale price to the Director of the Idaho State Police as a “transfer fee” pursuant to I.”
Fischer v. Cooper, 775 P.2d 1216 (Idaho 1989).
· cites it 4× “Only after investigation of the applicant and a determination that the contents of the application are true, that the applicant is qualified and that the premises are suitable, may the director, in his discretion, issue a license.”
Uptick Corp. v. Ahlin, 647 P.2d 1236 (Idaho 1982).
· cites it 4× “I.C. § 23-907. This application procedure and the procedure to be followed in transferring liquor licenses, see I.”
BHA Investments, Inc. v. City of Boise, 63 P.3d 482 (Idaho 2003).
· cites it 2× “§ 23-908(2) and I.C. § 23-907. The Director approved the license transfer and BHA submitted the transferred license to the City.”
Weller v. Hopper, 379 P.2d 792 (Idaho 1963).
· cites it 2× “Upon receipt of such an application, the commissioner shall make the same investigation and determinations with respect to the transferee as are required by section 23-907, Idaho Code, and if the commissioner shall determine that all of the conditions required of a licensee…”
Fuchs v. Idaho State Police, Alcohol Beverage Control, 279 P.3d 100 (Idaho 2012).
· cites it 2× “daho Code section 23-908(4) states: Each new [retail alcohol beverage] license issued on or after July 1, 1980, shall be placed into actual use by the original licensee at the time of issuance and remain in use for at least six (6) consecutive months or be forfeited to the state…”
McBride v. Hopper, 372 P.2d 401 (Idaho 1962).
· cites it 2× “Upon receipt of such an application, the commissioner shall make the same investigation and determinations with respect to the transferee as are required by section 23-907, Idaho Code, and if the commissioner shall determine that all of the conditions required of a licensee…”
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