Idaho Admin. Code r. 11.05.01.012 - TRANSFER OF ALCOHOLIC BEVERAGE LICENSES
01.
Transfer of License Subject to Sanctions. The Director of the
Idaho State Police may deny the transfer of an alcoholic beverage license which
is subject to possible disqualification, revocation or suspension under the
provisions of Title 23, Chapters 9, 10, and 13, Idaho Code, or these rules,
when an action has been filed to such effect before the Idaho State Police
pursuant to Sections
23-933,
23-1037 or
23-1331, Idaho Code.
02.
Events Not Implicating the One
Transfer Law Restriction. When any of the events occur pursuant to
Sections 23-908(5)(a),(b), (d), and
(e),
23-903 (16-18), Idaho Code, a
person must apply with ABC pursuant to Section
23-905, Idaho Code, within thirty
(30) days.
a. The owner must give written
notice to the agency within fifteen (15) days of the end of the license lease
per Section
23-903(17), Idaho
Code.
b. Any licensee that elects
to apply the provisions of Section
23-903(18), Idaho
Code, must notify ABC of such declaration via the lease agreement submitted
with the application for transfer to the lessee.
03.
Transfer Fees if Applicable.
Options to purchase an incorporated city liquor license shall submit the
required transfer fee when the application to transfer occurs. A refund may be
requested if the option to purchase is not exercised at the end of the
term.
04.
Authorization to
Transfer and Assignment of Privilege to Renew. Any person applying to
renew a liquor license who was not the licensee at the applicable premises for
the preceding year, must submit with the application to renew, a written
Authorization to Transfer and Assignment of Privilege to Renew signed by the
current licensee.
05.
Temporary Permits. When application for transfer of an alcoholic
beverage license has been made, the Alcohol Beverage Control Bureau, in its
discretion, may authorize issuance of a temporary permit during the review of
the application, during which time the applicant for transfer may conduct
business as a temporary permit holder. The permit holder, in accepting the
temporary permit, is responsible for complying with all statutes and rules
pertinent to the sale of alcoholic beverages. Sanctions against such permit
holder, whether civil, administrative, or criminal lies with the permittee, and
acceptance of the permit constitutes a waiver of any defenses by
permit holder based upon the fact that the permit holder is not, technically, a
licensee. The Alcohol Beverage Control Bureau may withdraw a temporary permit
it has issued pursuant to this rule at any time without hearing or
notice.
06.
Product
Replacement and Credit. Any beer or wine products removed from the
licensed retailer's premises by a wholesaler/distributor for quality control or
public health are not considered to be a violation of Section
23-1033 or
23-1325, Idaho Code, which
prohibit aid to the retailer or of Sections
23-1031 or
23-1326, Idaho Code, which
prohibit extension of credit to a retailer, if:
a. The packages or kegs are replaced with
identical product and quantity; or
b. In the instance of replacement of a
partial keg of beer or wine, a credit to be redeemed on subsequent alcoholic
beverage purchases by the retailer is given for the value of the unused
portion; or
c. In the instance of
removal of product for which the identical product or quantity thereof is not
immediately available to the wholesaler/distributor at the time of removal of
the product, a credit is given. The credit shall be redeemed on subsequent
alcoholic beverage purchases by the retailer; or
d. In the case of a licensed establishment
which is in operation no less than two (2) months and no more than nine (9)
months of each year, prior to its period of closure, it is apparent that
product will become outdated or spoiled before the date of re-opening, a
wholesaler/distributor may remove product from the retailer's premises and may
give a credit to the retailer. Such credit shall be redeemed on subsequent
alcoholic beverage purchases by the same retailer.
e. Credit is given to a retailer for the
amount paid by the retailer at the time of purchase of the product being
removed by the wholesaler/distributor.
07.
Expiration of Licenses. When
a county or city has, pursuant to Sections
23-927 and/or 23-1012, Idaho Code,
passed an ordinance extending the hours of sale of liquor and/or beer to two
o'clock a.m. (2:00 a.m.), all liquor and/or beer licenses in that county expire
at two a.m. (2 a.m.), on the first of the renewal month of the year following
their issuance. (Section
23-908(1), Idaho
Code).
08.
Maintenance of Keg
Receipts. Licensees shall retain a copy of all completed keg receipts
required by Section
23-1018, Idaho Code, for a period
of six (6) months.
09.
Continuous Operation Facilities Licenses. An existing license
issued under Section
23-903(8), Idaho
Code, before July 1, 2028, may be renewed annually and may be transferable
through sale or lease.
Notes
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