Idaho Admin. Code r. 11.05.01.013 - PRIORITY LISTS
01.
Priority
Lists for Incorporated City and Resort City Restaurant Liquor Licenses.
The Alcohol Beverage Control Bureau maintains a priority list of applicants for
those cities in which no incorporated city liquor license is available. A
separate list is maintained for each city. A person, partnership, or
corporation desiring to be placed on a priority list shall file a completed
application for liquor license, accompanied by payment of one-half (1/2) of the
annual license fee. Such application need not show any particular building or
premises upon which the liquor is to be sold, nor that the applicant is the
holder of any license to sell beer. Priority on the list is determined by the
earliest application, and each succeeding application is placed on the list in
the order received.
02.
Written Notification. When an incorporated city or a resort city
restaurant liquor license becomes available Alcohol Beverage Control offers it
in writing to the applicant whose name appears first on the priority list. The
applicant shall have ten (10) days from the date of the receipt of the Notice
of License Availability to declare their intention to accept the license. If
the applicant fails to comply with this requirement, the license is offered to
the next applicant in priority.
a. An
applicant accepting the incorporated city license shall have a period of one
hundred eighty (180) days from the date of receipt of Notice of License
Availability in which to complete all requirements necessary for the issuance
of the license. Provided, however, that upon a showing of good cause the
Director of the Idaho State Police may extend the time period in which to
complete the necessary requirements for a period not to exceed ninety (90)
days.
b. An applicant accepting the
resort city restaurant license shall have a period of ninety (90) days from the
date of receipt of Notice of License Availability in which to complete all
requirements necessary for the issuance of the license. No extensions will be
allowed for this license type.
03.
Refusal to Accept Offer of License
or Failure to Complete Application for License.
a. Where a resort city restaurant liquor
license is available, an applicant must choose one (1) of the following:
i. To remain on the priority waiting list for
an incorporated city license;
ii.
Proceed with the application for the resort city restaurant liquor license;
or
iii. Request a refund of the
priority waiting list fee.
b. An applicant who refuses a license offered
under these rules or an applicant who is unable to meet the statutory
requirements for licensing, or to complete the application may have their name
placed at the end of the priority list upon request.
c. An applicant holding first place on the
priority list who refuses or fails to accept either license type or to complete
the application within the time specified, that applicant will be removed from
the priority list, the fee shall be refunded, and the license offered to the
applicant appearing next on the list.
04.
Limitations on Priority
Lists. An applicant shall hold only one position at a time on each
incorporated city priority list. An applicant must be able to demonstrate to
the Director the ability to place an awarded license into actual use as
required by Section
23-908(4), Idaho
Code and these rules. An applicant for a place on an incorporated city liquor
license priority list may not execute an inter vivos transfer or assignment of
his place on the priority lists. For the purposes of this rule, "inter vivos
transfer or assignment" means the substitution of any individual; partnership;
corporation, including a wholly owned corporation; organization; association;
or any other entity for the original applicant on the waiting list. An attempt
to assign inter vivos a place on an incorporated city liquor license priority
list shall result in the removal of the name of the applicant from the lists.
An applicant, however, may assign his or her place on an alcoholic liquor
license priority list by devise or bequest in a valid will. A place on an
incorporated city liquor license priority list becomes part of an applicant's
estate upon his or her death.
05.
Priority Lists Where Licenses Are Available. The Alcohol Beverage
Control Bureau will not maintain a list for a city in which a liquor license is
available, nor for a city that does not permit retail sale of liquor.
Notes
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