General Provisions

01. Delegation of Authority to License Alcoholic Beverages. The Director hereby delegates his authority for alcohol beverage licensing as defined in Title 23, Chapters 9, 10, and 13, Idaho Code, to the Alcohol Beverage Control Bureau, Idaho State Police pursuant to Section 67-2901(4), Idaho Code. (7-1-25) 02. Restaurant Licensure Requirements. In order to receive a license under these rules and Chapter 9, Title 23, a Restaurant must: (7-1-25) a. Have a dining room, kitchen, and cooking facilities for the preparation of food; and (7-1-25) b. Demonstrate to the satisfaction of the Director: (7-1-25) i. An established menu identifying individually priced meals; (7-1-25) ii. Food service and preparation occurs on the premises; (7-1-25) IDAHO ADMINISTRATIVE CODE IDAPA 11.05.01 Idaho State Police Rules Governing Alcohol Beverage Control Section 011 Page 4 iii. Stoves, ovens, refrigeration equipment or such other equipment commonly found in restaurants are located on the premises; and (7-1-25) iv. 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%) of the establishment’s consumable purchases are derived from purchases of food and non-alcoholic beverages. (7-1-26) 03. Premises Loss, License Display, and Actual Use Requirement. (7-1-25) a. In the event of loss or move of the physical licensed premises, or reversion under Section 23- 903(17), Idaho Code, a licensee has one hundred eighty (180) days to secure and occupy a new premises in which to display the license. An additional sixty (60) days may be granted by ABC, upon petition by the license holder. (7-1-25) b. All licenses must be prominently displayed in suitable premises and remain in Actual Use. (7-1-25) 04. Notification of Renewals and Administrative Actions. For the purposes of Section 23- 903(18)(e), Idaho Code, the owner and lessee must each include in the lease agreement a primary email contact to which the renewal notice, filings, and payment of administrative actions will be sent. It is the responsibility of the owner and lessee to notify ABC of any change in contact information. (7-1-25) 05. Controlled Access to Minors. Access through any premises will be controlled to prevent minors from entering the place: (7-1-25) a. Except for a one (1) room restaurant without a barrier or partition, rooms must be separated by a permanently fixed partition no less than six (6) feet in height; (7-1-25) b. Exterior portions of a premises must be constructed in a manner that prevents loitering or access by a minor and must be in compliance with local ordinances; (7-1-25) c. Partitions must be constructed of such material designed to prevent alcohol beverages from being passed over, under, or through the partition; and (7-1-25) d. Approved by the Director. (7-1-25) 06. Multipurpose Arena Facility Licensure Requirements. A Multipurpose Arena Facility must renew the endorsement annually on the alcohol beverage license. To receive a multipurpose arena endorsement under these rules, the facility must: (7-1-25) a. Have adequate food available based on the anticipated crowd size for purchase during events during the time alcohol is available for sale; and (7-1-26) b. Submit with the application an operating/security plan to ABC and the local law enforcement agency for review and approval. Once approved, the plan remains in effect until the licensee requests a change or ABC determines that a change is necessary due to demonstrated problems or conditions not previously considered or addressed in the original plan. The plan must contain the following elements: (7-1-25) i. How the licensee will prevent the sale and service of alcohol to persons under twenty-one (21) years of age and those who appear to be intoxicated; (7-1-25) ii. Alcohol server training provided to staff who serve dispense, or supervise the service and consumption of alcohol; (7-1-26) iii. A description of event types to be held in the facility; and (7-1-26) IDAHO ADMINISTRATIVE CODE IDAPA 11.05.01 Idaho State Police Rules Governing Alcohol Beverage Control Section 012 Page 5 c. ABC may restrict the type of events at the facility at which beer, wine, and liquor by the drink may be served. (7-1-25) d. ABC will consider the seating accommodations, dining, operational plans, and other amenities available at the facility prior to endorsement. (7-1-25) e. Prior to the first of each month, the licensee must provide a schedule of events for the upcoming month to ABC and local law enforcement showing the date and time of any events where alcohol service is planned. The licensee must notify ABC and local law enforcement at least twenty-four (24) hours in advance of any events where alcohol service is planned but was not included in the monthly schedule. (7-1-25) f. For those premises only operating as a venue that leases or rents its facility for private events, such as weddings, receptions, or other events defined in Section 23-902 (12), Idaho Code, the monthly schedule of events and updates necessary under Paragraph 011.06.e. are not required to be submitted. (7-1-26) g. When the facility ceases to meet the qualifications of the endorsement, Sections 23-943 and 23-945 Idaho Code, apply. The licensee shall advise ABC that facility no longer constitutes a Multipurpose Arena. (7-1-25) 07. Product Replacement. 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. (7-1-25)