2005 Idaho Code - 23-308 — COUNTY OPTION SUNDAY LIQUOR SALES -- RESOLUTION OF COUNTY COMMISSIONERS -- LOCAL OPTION COUNTY ELECTION

                                  TITLE  23
                             ALCOHOLIC BEVERAGES
                                  CHAPTER 3
                             LOCAL LIQUOR STORES
                          AND DISTRIBUTING STATIONS
    23-308.  COUNTY OPTION SUNDAY LIQUOR SALES -- RESOLUTION OF COUNTY
COMMISSIONERS -- LOCAL OPTION COUNTY ELECTION. (1) The board of county
commissioners of each county may, by resolution regularly adopted, allow for
the sale or delivery of any alcoholic liquor in, on, or from the premises of
any state liquor store or distributing station in the county on any Sunday
which does not fall on Christmas Day, and such sales shall be allowed so long
as the resolution remains in effect. If such a resolution is adopted by the
board, a copy of such resolution shall be delivered to the superintendent of
the state liquor dispensary and to the director of the Idaho state police.
    (2)  Within thirty (30) days after the effective date of this act, a
petition in writing signed by not less than twenty percent (20%) of the
registered, qualified electors of any county may be filed with the clerk of
said county requesting an election to be held to determine whether or not the
sale or delivery of any alcoholic liquor in, on, or from the premises of any
state liquor store or distributing station in the county on any Sunday which
does not fall on Christmas Day, shall be allowed.
    (3)  In the event a petition is presented, the county commissioners of any
such county shall, within five (5) days after the presentation of the
petition, meet and determine the sufficiency thereof by ascertaining whether
such petition is signed by the required number of registered, qualified
electors of the county affected.
    (4)  In the event that a petition does not contain the required number of
certified signatures, the commissioners shall inform the person or
organization under whose authority the petition was circulated that the
petition is defective for lack of certified signatures, and specify the number
of additional signatures required to make the petition valid. The petition
must be perfected within sixty (60) days of the date that the commissioners
find the petition defective for lack of certified signatures. If the petition
is not perfected within the sixty (60) day period, the commissioners shall
declare the petition null and void ab initio in its entirety.
    (5)  In the event the county commissioners of said county determine that
the petition is signed by the required percentage of registered, qualified
electors, the commissioners shall forthwith make an order calling an election
to be held within the county, subject to the provisions of section 34-106,
Idaho Code, in the manner provided by law for holding elections for county
officers. All the laws of the state of Idaho relating to the holding of
elections of county officers for such county shall apply to the holding of the
election provided for in this section. In addition to the other requirements
of law, the notice of election shall notify the electors of the issue to be
voted upon at said election.