IDAPA 11.05.01.013
Priority Lists
IDAHO ADMINISTRATIVE CODE IDAPA 11.05.01 Idaho State Police Rules Governing Alcohol Beverage Control Section 021 Page 6 01. Priority Lists for Incorporated City Liquor Licenses. The Alcohol Beverage Control Bureau maintains a priority list of applicants for cities in which no incorporated city liquor license is available. A person shall file a completed application and submit one-half (1/2) of the annual license fee. The premises information is not required at the time of application. Completed applications, including required fees, are placed in the order received. (7-1-25) 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. (7-1-25) 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. (7-1-25) 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. (7-1-25) 03. Refusal to Accept Offer of License or Failure to Complete Application for License. (7-1-25) a. Where a resort city restaurant liquor license is available, an applicant must choose one (1) of the following: (7-1-25) i. To remain on the priority list for an incorporated city license; (7-1-25) ii. Proceed with the application for the resort city restaurant liquor license; or (7-1-25) iii. Request a refund of the priority list fee. (7-1-25) b. An applicant who declines 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. (7-1-25) c. An applicant holding first place on the priority list who fails to accept either license type or to complete the application within the time specified will be removed from the priority list, the fee shall be refunded, and the license offered to the applicant appearing next on the list. (7-1-25) 04. Limitations on Liquor License Priority List. An applicant shall hold only one position at a time on each priority list. An applicant for a place on a priority list may not execute an inter vivos transfer or assignment of his place on the priority list. For the purposes of this rule, “inter vivos transfer or assignment” means the substitution of any Person for the original applicant on the waiting list. An attempt to assign inter vivos a place on a priority list shall result in the removal of the name of the applicant from the list. An applicant, however, may assign his or her place on a 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. (7-1-25) 014. -- 020. (RESERVED)