Amends and adds to existing law to establish provisions regarding licenses issued to established caterers.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1231 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO LIQUOR; AMENDING CHAPTER 9, TITLE 23, IDAHO CODE, BY THE ADDITION2 OF A NEW SECTION 23-903d, IDAHO CODE, TO ESTABLISH PROVISIONS REGARD-3 ING LICENSES ISSUED TO ESTABLISHED CATERERS; AMENDING SECTION 23-904,4 IDAHO CODE, TO PROVIDE FOR FEES FOR AN ESTABLISHED CATERER LIQUOR LI-5 CENSE; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.6

Be It Enacted by the Legislature of the State of Idaho:7

SECTION 1. That Chapter 9, Title 23, Idaho Code, be, and the same is8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-9 ignated as Section 23-903d, Idaho Code, and to read as follows:10 23-903d. LICENSES ISSUED TO ESTABLISHED CATERERS. (1) Upon registra-11 tion with the director of the Idaho state police as an established caterer,12 upon application to the director for an established caterer liquor license,13 and upon meeting all licensing and regulatory requirements imposed by a14 county or incorporated city, nothing in this chapter shall prohibit the is-15 suance of an established caterer liquor license to the owner, operator, or16 lessee of an established caterer for use at events catered by the established17 caterer, subject to the provisions of this section. "Established caterer"18 means a catering business whose business address is located at a publicly19 accessible premises and that caters no fewer than fifty (50) events per year.20 (2) An established caterer selling liquor pursuant to an established21 caterer liquor license shall abide by the following:22 (a) Liquor shall be dispensed and prepared for consumption by the es-23 tablished caterer licensed pursuant to this section only in areas ap-24 proved by the local licensing authority;25 (b) All liquor sales shall cease at the time food services cease and26 shall be conducted pursuant to the provisions of section 23-927, Idaho27 Code. The local licensing authority may impose additional date and time28 restrictions on liquor sales;29 (c) The license shall be for use only at an event catered by the estab-30 lished caterer; and31 (d) No established caterer licensed pursuant to this section shall pro-32 mote or operate the catering event as a bar and lounge.33 (3) Established caterer liquor licenses shall not count toward the lim-34 itation on the number of licenses issued according to population, as pro-35 vided in section 23-903(1), Idaho Code.36 (4) An established caterer liquor license may not be sold or leased and37 shall not be transferable to any other caterer.38 (5) The fees for licenses granted pursuant to this section shall be as39 set forth in section 23-904(11), Idaho Code.40

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SECTION 2. That Section 23-904, Idaho Code, be, and the same is hereby1 amended to read as follows:2 23-904. LICENSE FEES. Each licensee licensed under the provisions of3 this act shall pay an annual license fee to the director as follows:4 (1) For each license in a city of one thousand (1,000) population or5 less, three hundred dollars ($300) per annum.6 (2) For each license in a city of from one thousand (1,000) to three7 thousand (3,000) population, five hundred dollars ($500) per annum.8 (3) For each license in a city having a population of more than three9 thousand (3,000), seven hundred fifty dollars ($750) per annum.10 (4) For each railroad train for sale only in buffet, club or dining11 cars, fifty dollars ($50.00) per annum of the scheduled run of such train12 within the state of Idaho; provided, that such license shall be in full, and13 in lieu of all other licenses herein provided for.14 (5) For each common carrier boat line for sale only in buffet, club din-15 ing rooms, two hundred fifty dollars ($250) per annum. Such license shall be16 in full, and in lieu of all other licenses herein provided for.17 (6) For each license issued to the owner, operator, or lessee of a golf18 course as described in section 23-903, Idaho Code, or to the lessee of any19 premises situate on such golf course, situate in any county having a popula-20 tion of:21 (a) Less than twenty thousand (20,000), two hundred dollars ($200) per22 annum;23 (b) Twenty thousand (20,000) but less than forty thousand (40,000),24 three hundred dollars ($300) per annum; and25 (c) Forty thousand (40,000) or more, four hundred dollars ($400) per26 annum.27 (7) For each common carrier airline for sale only in common carrier air-28 craft, two hundred fifty dollars ($250) per annum. Such license shall be in29 full, and in lieu of all other licenses herein provided for.30 (8) For each license issued to the owner, operator, or lessee of a31 restaurant operated on an airport, as described in section 23-903, Idaho32 Code, situate within the corporate limits of a city, the fee shall be the same33 as provided in paragraphs (1) through (3), inclusive, of this section.34 (9) For each license issued to the owner, operator, or lessee of a35 restaurant operated on an airport, as described in section 23-903, Idaho36 Code, situate without the corporate limits of a city, the fee shall be the37 same as provided in paragraph (6) of this section. Licenses issued under and38 pursuant to the provisions of this act shall expire at 1:00 o'clock a.m. on39 the first day of January of the following year.40 (10) For each license issued to an owner or operator of a year-round41 resort as described in section 23-957, Idaho Code, a one (1) time fee of42 twenty-five thousand dollars ($25,000), with a subsequent renewal fee of43 three thousand five hundred dollars ($3,500) per annum. For each license44 issued to an owner or operator of a beverage, lodging or dining facility45 within the premises of a year-round resort as described in section 23-957,46 Idaho Code, a one (1) time fee of twenty-five thousand dollars ($25,000) with47 a subsequent renewal fee of three thousand five hundred dollars ($3,500) per48 annum. For each license issued to a lessee of a beverage, lodging or dining49

3 facility within the premises of the year-round resort as described in sec-1 tion 23-957, Idaho Code, a one (1) time fee of twenty-five thousand dollars2 ($25,000) with a subsequent renewal fee of three thousand five hundred dol-3 lars ($3,500) per annum.4 (11) For each license issued to the owner, operator, or lessee of an5 established caterer, as described in section 23-903d, Idaho Code, the fee6 shall be four hundred dollars ($400) per annum.7 Provided that any licensee who operates for only a portion of a year may8 have his license fee prorated from the date he commences operation to the end9 of the calendar year, but in no event for less than six (6) months.10 In the event a licensee who was previously issued a license on a prorated11 basis under the provisions hereof desires to have such license renewed for12 the same period for the next succeeding year, he shall file his intention to13 so apply for such license with the director, accompanied by the fee required14 for the issuance of such license on or before December 31 of the year preced-15 ing.16 The license fees herein provided for are exclusive of and in addition to17 other license fees chargeable in the state of Idaho.18 The basis upon which respective populations of municipalities shall be19 determined is the last preceding census or any subsequent special census20 conducted by the United States bureau of the census, unless a direct enumer-21 ation of the inhabitants thereof be made by the state of Idaho, in which case22 such later direct enumeration shall constitute such basis.23

SECTION 3. An emergency existing therefor, which emergency is hereby24 declared to exist, this act shall be in full force and effect on and after25 July 1, 2026.26