Idaho Code
Idaho Code

Idaho Code § 23-949 (2026)

Persons not allowed to sell, serve or dispense beer, wine or other alcoholic liquor. 

✓ current as of May 2026
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Persons not allowed to sell, serve or dispense beer, wine or other alcoholic liquor. 

It is unlawful for any person under the age of twenty-one (21) years to sell, serve or dispense beer, wine or other alcoholic liquor; provided, however, that any person who is nineteen (19) years of age or older may sell, serve and dispense liquor, beer or wine in the course of his employment in any place as defined in section 23-942, Idaho Code, or other place where liquor, beer or wine is lawfully present so long as such place is the place of employment for such person under twenty-one (21) years of age.

For purposes of this section, a person who sells, serves or dispenses liquor, beer or wine in compliance with the provisions of this section shall not be deemed to "possess" alcohol in violation of section 23-604, Idaho Code.
Any person violating the provisions of this section shall be guilty and punished in accordance with section 18-1502, Idaho Code.
Notes of Decisions
Cited in 4 cases, 1993–2015 · leading case: State v. Maland, 861 P.2d 107 (Idaho Ct. App. 1993).
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State v. Maland, 861 P.2d 107 (Idaho Ct. App. 1993). · cites it 16× “§ 23-1023 prohibits a person under the age of twenty-one from possessing beer. The statute excepts from its application the following acts of possession by a person under twenty-one: This section does not apply to possession by a person under the age of twenty-one (21) years…”
State v. John Doe (2012-07), 305 P.3d 543 (Idaho Ct. App. 2013). · cites it 2× “In October 2001, Doe was charged with underage consumption of alcohol under I.C. § 23-949. Sometime after Doe’s eighteenth birthday, he began to turn his life around.”
State v. Espinoza, 990 P.2d 1229 (Idaho Ct. App. 1999). · cites it 2× “There was testimony from Espinoza himself, as well as several other witnesses, that he purchased beer for the youths on the evening in question.”
State v. Matthew Edward McGraw (Idaho Ct. App. 2015). · cites it 2× “§ 18-5412(2); illegal consumption of alcohol, I.C. § 23-949; and malicious injury to property, I.”
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