Violation — Misdemeanors.
A violation of any of the provisions of this act by any agent, employee, servant, or other person in any way acting in behalf of the licensee shall be presumed to be a violation by the licensee. Any person violating any of the provisions of this act, except where a specific penalty is provided, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than the sum of one hundred dollars ($100) nor more than the sum of three hundred dollars ($300) or be imprisoned in the county jail for not less than thirty (30) days nor more than six (6) months, or both such fine and imprisonment. Any court in which a judgment of conviction against any licensee shall be entered shall forthwith certify a copy thereof to the director and the director shall thereupon give intended notice of revocation of any license to such convicted person.
Notes of Decisions
State Ex Rel. Richardson v. Pierandozzi, 784 P.2d 331 (Idaho 1989).
· cites it 2× “Another of the terms and conditions imposed upon holders of Idaho liquor licenses by the legislature is contained in § 23-935, which provides in part: "A violation of any of the provisions of [Title 23] by any agent, employee, servant, or other person in any way acting on behalf…”
State v. Grady, 404 P.2d 347 (Idaho 1965).
· cites it 2× “The use of the word “feloniously” in the information and the reference to Chapter 9, Title 23, excludes the possibility of the charge having reference to a misdemeanor the penalty for which is fixed by I.C. § 23-935, or as defined by Chapter 6, Title 23, Idaho Code.”
State, Dept. of Law Enf't v. Engberg, 708 P.2d 935 (Idaho Ct. App. 1985).
· cites it 2× “Idaho Code § 23-935 provides: “A violation of any of the provisions of this act by any agent, employee, servant, or other person in any way acting in behalf of the licensee shall be presumed to be a violation by the licensee.”
State v. Martin, 255 P.2d 713 (Idaho 1953).
“” This is a general provision and by its terms does not apply to the charge here, “where a specific penalty is provided”.”
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