First thing to remember is Title 23 of Idaho Code are the exceptions for selling/donating/giving away alcohol. There are several codes that apply to this situation. ISP’s stance on selling or giving away liquor by the bottle, other than by the Idaho State Liquor Division is in violation Title 23. The raffling, auctioning, or any other means of collecting money for liquor, unless specifically authorized by Title 23, is a violation. These benevolent organizations can get a permit through ISPABC to raise money and profit from beer and wine specifically. There is no permit for the receiving, sale, or giving away of liquor. Distilleries or their representatives are not allowed to give away or donate liquor other than for testing and sampling purposes at their licensed locations. A liquor licensee cannot sell or give away liquor by the bottle.
Here are a few codes that apply:
23-602. UNLAWFUL MANUFACTURE, TRAFFIC IN, TRANSPORTATION, AND POSSESSION OF ALCOHOL BEVERAGE. Except as authorized by title 23, Idaho Code, any person who shall have in possession, manufacture, transport, purchase, sell, or dispose of any alcohol beverage, including any distilled spirits, beer or wine, shall be guilty of a misdemeanor, and upon conviction shall be punished as otherwise provided by law. Upon conviction of a second or subsequent violation of this section, the defendant shall be punished by a fine of not less than three hundred dollars ($300), nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not less than three (3) months, nor more than one (1) year, or by both such fine and imprisonment.
23-921. NO RETAIL SALE EXCEPT BY THE DRINK. It shall be unlawful for any licensee to sell, keep for sale, dispense, give away, or otherwise dispose of any liquor in the original containers or otherwise than by retail sale by the drink.
23-928. SALE AWAY FROM LICENSED PREMISES PROHIBITED — GAMBLING PROHIBITED. (1) It shall be unlawful for any licensee to sell, give away, dispense, vend, or deliver any liquor in any fashion or by means or device, except upon the licensed premises.
(2) It shall be unlawful for any licensee granted a license under the authority of title 23, Idaho Code, to permit, conduct, play, carry on, open or cause to be opened any gaming in or upon the licensed premises or in or upon any premises directly connected by a door, hallway, or other means of access from the licensed premises. Any licensee authorized under the authority of this title and who is also authorized by other Idaho law to conduct the lawful activities of lottery, bingo, raffles, and pari-mutuel betting on the licensed premises shall be exempt from the provisions of this subsection as long as the lawful activities are conducted in conformity with statute and rules promulgated pursuant thereto.
23-934. UNLICENSED ROOMS UNLAWFUL — EXCEPTION. It shall be unlawful for any person to keep or maintain any rooms or premises in which liquor is received or kept, whether owned by such person or by another, or to which liquor is brought, for consumption on the premises by members of the public or of any club, incorporated or unincorporated, or a corporation or association, unless such person and the premises are licensed under this act, except as provided under a liquor catering permit.
23-938. SELLING LIQUOR WITHOUT LICENSE — PENALTY. Any person who sells or keeps for sale any liquor without a license as provided in this act shall be guilty of a felony and upon conviction thereof shall be fined not less than one thousand dollars ($1,000) or [nor] more than five thousand dollars ($5,000), or be imprisoned in the state prison for not less than one (1) year nor more than five (5) years, or both such fine and imprisonment.
23-1007A. BEER SOLD OR DONATED FOR BENEVOLENT, CHARITABLE OR PUBLIC PURPOSES — PERMIT REQUIRED. (1) Notwithstanding the provisions of section 23-1007, Idaho Code, to the contrary, nothing shall prevent any licensed dealer, wholesaler or retailer from selling or donating unbroken packages of beer or kegs of beer to a person which has not been issued any license for the sale of alcoholic beverages in this state, for benevolent, charitable or public purposes if a permit has been issued to the person or nonprofit entity as provided in subsection (2) of this section.
(2) Upon application to the director of the Idaho state police, the director may issue a permit authorizing the sale or dispensing of beer by a person if the director is satisfied that the proceeds, after deducting reasonable expenses incurred, will be donated for a benevolent, charitable or public purpose. The director shall prescribe the form of the application which may require:
(a) Disclosure of names of sponsors;
(b) Quantities and types of beer products to be used at the event;
(c) Names of the dealer or wholesaler from whom the beer is to be received;
(d) The retailer, if any, designated by such person or nonprofit entity to receive, store or dispense beer on behalf of the permittee;
(e) Dates and hours during which the permit is to be effective, not to exceed three (3) consecutive days;
(f) That the applicant submit a report to the director subsequent to the benevolent, charitable or public purpose event showing the disposition of funds from the event; and
(g) Such other information directly related to the event and the applicant that the director may require.
The director shall collect a twenty dollar ($20.00) fee for each permit issued.
(3) Should the director determine that an applicant, permittee or its representative is violating or has in the past violated any law pertaining to the dispensing or sale of beer by a licensed retailer relating to hours of sale, relating to restrictions concerning age provided in section 23-1013, Idaho Code, or has failed in the past to submit such information as may have been requested by the director, such permit may be summarily suspended by the director prior to hearing, or may be denied or cancelled pending a hearing.
(4) A licensed retailer may, on behalf of the permittee, receive or store beer to be used at the event and may dispense such beer to attendees of the benevolent, charitable or public purpose event for which the permit was issued.
23-1336. WINE SOLD OR DONATED TO PERSONS OR ASSOCIATIONS FOR BENEVOLENT, CHARITABLE OR PUBLIC PURPOSES. In the event that wine has been sold or donated to a person or association which desires to dispense or sell such wine and to donate the proceeds from the sale or dispensing thereof for benevolent, charitable or public purposes, the director may issue a permit authorizing such sale or dispensing of wine by such person or association if the director is satisfied that said proceeds, after deducting reasonable expenses incurred in conjunction with the sale or dispensing thereof, will be donated for such benevolent, charitable or public purpose. The director shall prescribe the form of the application for such permit, which application may require disclosure of names of sponsors; donors, quantities and types of wine products donated; the retailer, if any, designated by such person or association to receive, store or dispense donated wine; the dates and hours during which the permit is to be effective, not to exceed three (3) consecutive days; and such other information as the director may require. The director shall collect a twenty dollar ($20.00) fee for the event for which the permit is to be effective. The director may require that the applicant submit a report to the director after the benevolent, charitable or public purpose event showing the disposition of funds from the event. Should the director determine that the applicant or its representatives is violating, or has in the past violated, any law pertaining to the dispensing or sale of wine by a licensed retailer relating to hours of sale, or relating to dispensing wine to underaged persons, or has failed in the past to submit such information as may have been requested by the director, such permit may be summarily suspended by the director, prior to hearing, or may be denied pending a hearing. A licensed retailer may, on behalf of the permittee, receive or store wine to be used at the event, and may dispense such wine to attendees of the benevolent, charitable or public purpose event for which the permit has been issued.
Sergeant Rocky Gripton | 480
Idaho State Police | D3 – ABC
Alcohol Beverage Control
700 S Stratford Drive Suite 115
Meridian, Idaho 83642
Office: (208) 884 -7066
Fax: (208) 884-7096
Any information provided by Alcohol Beverage Control is for informational use only based on the information provided at the time and is not intended to be legal advice. Any person that relies on any information obtained from this correspondence without consulting with competent, independent legal counsel does so at his or her own risk. Submission of an application for an alcohol beverage license does not guarantee a license will be granted. The final decision to grant an alcohol beverage license is based on a review of a completed and timely submitted application. 3/06/2019