Section 011. General Provisions

01. Delegation of Authority to License Alcoholic Beverages. The Director hereby delegates hi s authority for alcohol beverage licensing as defined in Title 23, Chapters 9, 10, and 13, Idaho Code, to the Alcoho l 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 Chapte r 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) iii. Stoves, ovens, refrigeration equipment or such other equipment commonly found in restaurants ar e 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%), or at least sixty percent (60%) fo r resort city restaurant liquor licenses as set forth in Section 23-903c., Idaho Code, of the establishment’s consumabl e purchases are derived from purchases of food and non-alcoholic beverages. (7-1-25) 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

tion 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 th e 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 minor s 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 b y 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 bein g 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 mus t renew the endorsement annually on the alcohol beverage license. To receive a multipurpose arena endorsement unde r these rules, the facility must: (7-1-25) a. Prepare cooked food for purchase during events; and (7-1-25) b. Submit with the application an operating/security plan to ABC and the local law enforcement agency for review and approval

sure Requirements. A Multipurpose Arena Facility mus t renew the endorsement annually on the alcohol beverage license. To receive a multipurpose arena endorsement unde r these rules, the facility must: (7-1-25) a. Prepare cooked food for purchase during events; and (7-1-25) 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 o r ABC determines that a change is necessary due to demonstrated problems or conditions not previously considered o r 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. The ratio of employees and security staff to the size of audiences at events where alcohol is being served or dispensed; (7-1-25) iii. Training provided to staff who serve dispense, or supervise the service and consumption of alcohol; (7-1-25) iv. The licensee’s policy on the number of alcohol beverages that will be served to an individual patro n during one (1) transaction; (7-1-25) v. A list of event types to be held in the facility; and (7-1-25) vi. Diagrams and designation of alcohol service areas for each event, category type, with identified areas to restrict minors. (7-1-25) c. ABC may restrict the type of events at the facility at which beer, wine, and liquor by the drink ma y be served. (7-1-25) d. ABC will consider the seating accommodations, dining, operational plans, and other amenitie s 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

e drink ma y be served. (7-1-25) d. ABC will consider the seating accommodations, dining, operational plans, and other amenitie s 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 event s where alcohol service is planned but was not included in the monthly schedule. (7-1-25) f. When the facility ceases to meet the qualifications of the endorsement, Sections 23-943 and 23-94 5 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 premise s by a wholesaler/distributor for quality control or public health are not considered to be a violation of Section 23-103 3 or 23-1325, Idaho Code. (7-1-25)