2005 Idaho Code - 23-301 — LIQUOR STORES -- NOTICE OF INTENT TO LOCATE

                                  TITLE  23
                             ALCOHOLIC BEVERAGES
                                  CHAPTER 3
                             LOCAL LIQUOR STORES
                          AND DISTRIBUTING STATIONS
    23-301.  LIQUOR STORES -- NOTICE OF INTENT TO LOCATE. (a) The dispensary
may establish and maintain liquor stores under the management of a vendor in
any city organized under general or special law. Before any store site or
distributing station may be established within a city or unincorporated area
that does not have a distributing station, the dispensary shall have printed
in the city's official newspaper, as defined in section 50-213, Idaho Code, a
legal notice of the dispensary's intent to establish a liquor store or
distributing station in the city and that a public hearing will be held
regarding the proposed liquor store if the requirements specified herein are
satisfied. The legal notice shall contain the time, date and place of the
hearing and the address where the liquor store or distributing station is
proposed to be located, notice of the right to protest the location, the
requirements necessary to be satisfied before a public hearing will be held,
and shall be a twenty (20) days' notice as described in section 60-109, Idaho
Code. If the lesser of twenty-five (25) people or ten percent (10%) of the
eligible voters living in precincts, any part of which is located within a one
thousand (1,000) foot radius surrounding of the proposed site, sign a petition
which protests the proposed site of the liquor store or distributing station
and present it to the superintendent or his designated representative, a
public hearing shall be held within one (1) week after the last legal notice
has been published.
    (b)  If fifty percent (50%) or more of the eligible voters living in
precincts, any part of which is located within a one thousand (1,000) foot
radius surrounding the proposed site of the liquor store or distributing
station, sign a petition which protests the proposed site of the liquor store
or distributing station and present it to the superintendent or his designated
representative within five (5) business days after the public hearing, the
dispensary shall not place a liquor store or distributing station at the
proposed site.
    (c)  The dispensary may classify liquor stores according to the volume of
their sales.