Idaho Admin. Code r. 11.05.01.010 - DEFINITIONS
01.
Actual Use. Actual use
constitutes when a liquor license is issued to a licensee and legitimate sales
of liquor by the drink are being made on a weekly basis.
02.
Business. Business means any
operation to carry out the normal day to day activities to exercise the
privilege of holding a liquor license and operating a premises, as defined in
Section 23-902(15), Idaho
Code, for the purposes of Section
23-903(16)(d)
(15-18), Idaho Code.
03.
Licensed Premises. Any premises for which a license has been
issued under any of the provisions of Title 23, Chapters 9, 10 or 13, Idaho
Code. All areas included on the floor plan submitted to the Director with the
licensee's application for a license constitute the licensed
premises.
04.
Multipurpose
Arena.
a. For purposes of Section
23-944(3), Idaho
Code, a Multipurpose Arena is a:
i. Publicly
or privately owned or operated arena, coliseum, stadium, or other facility
where sporting events, concerts, live entertainment, community events, and
other functions are presented for a ticketed price of admission or one whose
premises are leased for private events such as receptions;
ii. Facility that is licensed to sell liquor
by the drink at retail for consumption upon the premises; and
iii. Facility that has been endorsed by the
director.
b. A
Multipurpose Arena facility must apply annually for an endorsement on its
alcohol beverage license.
c. To
receive a Multipurpose Arena endorsement under this Section will require the
facility to have food available including, but not limited to, hamburgers,
sandwiches, salads, or other snack food. The director may also restrict the
type of events at a Multipurpose Arena facility at which beer, wine, and liquor
by the drink may be served. The director will also consider the seating
accommodations, eating facilities, and circulation patterns in such a facility,
and other amenities available at a Multipurpose Arena facility before the
director will endorse the license.
d. A licensee that applies for a Multipurpose
Arena endorsement must submit with the application an operating/security plan
to the director and the local law enforcement agency for review and approval.
Once approved, the plan remains in effect until the licensee requests a change
or the director determines that a change is necessary due to demonstrated
problems or conditions not previously considered or adequately addressed in the
original plan. The plan must be submitted in a format designated by the
director and contain all of the following elements:
i. How the Multipurpose Arena facility will
prevent the sale and service of alcohol to persons under twenty-one (21) years
of age and those who appear to be intoxicated;
ii. The ratio of alcohol service staff and
security staff to the size of the audiences at events where alcohol is being
served;
iii. Training provided to
staff who serve, regulate, or supervise the service of alcohol;
iv. The facility's policy on the number of
alcoholic beverages that will be served to an individual patron during one (1)
transaction;
v. A list of event
type/categories to be held in the facility at which alcohol service is planned,
along with a request for the level of alcohol service at each event;
and
vi. Diagrams and designation of
alcohol service areas for each type of event category with identified
restrictions of minors.
e. Prior to the first of each month, the
licensee must provide a schedule of events for the upcoming month to the
director and local law enforcement office showing the date and time of each
event during which alcohol service is planned. The licensee must notify the
director and local law enforcement at least twenty-four (24) hours in advance
of any events where alcohol service is planned that were not included in the
monthly schedule.
f. To prevent
persons who are under twenty-one (21) years of age or who appear intoxicated
from gaining access to alcohol, the director may require that an operating plan
include additional mandatory requirements if it is determined that the plan
does not effectively prevent violations of liquor laws and regulations,
particularly those that prevent persons under twenty-one (21) years of age or
who are apparently intoxicated from obtaining alcohol.
g. If premises, licensed as a Multipurpose
Arena, subsequently ceases to meet the qualifications of a Multipurpose Arena,
the restrictions contained in Section
23-943, Idaho Code, apply and the
posting of signs as provided for in Section
23-945, Idaho Code, is required.
The licensee shall advise the director, by mail, that his premises no longer
constitute a Multipurpose Arena, so that the license may be modified
accordingly.
05.
Owner. An owner as stated in Section
23-903 subsections 16-18, Idaho
Code, may hold the privilege to a license as between that person and the state
of Idaho, and is subject to the qualifications and restrictions contained in
Idaho Code Chapters 9, 10 and 13 of Title 23.
06.
Partition. A partition, as
used in Section
23-944 Idaho Code, is defined as a
structure separating the place from the remainder of the premises. Access
through the structure to the place will be controlled to prevent minors from
entering the place. The structure must be:
a.
Permanently fixed from the premises ceiling to the premises floor.
b. Made or constructed of solid material such
as glass, wood, metal or a combination of those products.
c. Designed to prevent an alcoholic beverage
from being passed over, under or through the structure.
d. All partitions must be approved by the
Director.
07.
Place. For the purposes of Section
23-943, Idaho Code, "Place" as
defined by Section
23-942(b), for a
one (1) room restaurant without a barrier or partition, refers to the immediate
bar area wherein there is seating alongside a counter or barrier that encloses
bar supplies and equipment that are kept, and where alcoholic beverages are
mixed, poured, drawn or served for consumption.
08.
Restaurant. The term
Restaurant, found in Sections
23-903c and
23-942(c), Idaho
Code, is further defined as an establishment maintained, advertised and held
out to the public as primarily a food eating establishment, where individually
priced meals are prepared and regularly served to the public, primarily for
on-premises consumption. The establishment must also have a dining room or
rooms, kitchen and cooking facilities for the preparation of food, and the
number, and type of employees normally used in the preparing, cooking and
serving of meals. Primarily as defined for the purposes of this section, also
includes that the licensee must show to the director the following:
a. An established menu identifying the
individually priced meals for consumption;
b. Food service and preparation occurs on the
premises by establishment employees;
c. Stoves, ovens, refrigeration equipment or
such other equipment usually and normally found in restaurants are located on
the premises of the establishment;
d. The licensee must demonstrate to the
satisfaction of the Director, through appropriate business records, that the
establishment is advertised and held out to the public as primarily a
food-eating establishment, or that at least forty percent (40%), or at least
sixty percent (60%) for resort city restaurant liquor licenses as set forth in
Section 23-903c., Idaho Code, of the
establishment's consumable purchases are derived from purchases of food and
non-alcoholic beverages.
09.
Stock Transfer. For the
purposes of Section
23-908, Idaho Code, the sale or
exchange of stock in a closely held corporation holding a license is deemed a
transfer of the license.
10.
Transfer. Any change to a person as defined in Section
23-902(13), Idaho
Code, who owns, operates, or leases an alcohol beverage license as a privilege
granted by ABC except the transfer conditions set forth in Section
23-903(16)(c),
Idaho Code.
Notes
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