2005 Idaho Code - 23-1015 — COUNTY RETAILERS\' LICENSE, WHEN REQUIRED, PROCEDURE

                                  TITLE  23
                             ALCOHOLIC BEVERAGES
                                  CHAPTER 10
                                     BEER
    23-1015.  COUNTY RETAILERS' LICENSE, WHEN REQUIRED, PROCEDURE. (1) It
shall be unlawful for any retailer to sell beer without first procuring a
retailer's license from the county, said license to be issued on such
conditions and terms as may be required by the board of county commissioners
in the county wherein such place of sale of beer is located; provided, that no
county shall exact a license fee from any dealer except as follows:
    (a)  Where such retailer sells only bottled or canned beer: none of which
    is consumed on the premises where sold, the license fee shall be equal to
    twenty-five per cent (25%) of the license fee exacted under subsection
    (1)(b) of this section relating to draught beer and bottled or canned
    beer, or draught beer only; and where such bottled or canned beer is
    consumed on the premises where sold the license fee shall be seventy-five
    per cent (75%) of the fee exacted under said subsection (b) hereof.
    (b)  Where such retailer sells draught beer and bottled or canned beer, or
    draught beer only, not in excess of one hundred dollars ($100), a year.
    (2)  The board of county commissioners shall establish a procedure for
processing applications for licenses, transfers or renewals thereof in a
timely manner. Each application for a license, transfer or renewal thereof,
required by the provisions of this section, shall be submitted to the board of
county commissioners for a decision. The board of county commissioners shall
have a reasonable time to examine the application before a decision is made on
granting or denying the license, or the transfer or renewal thereof. Each
board of county commissioners shall establish, by ordinance, a time period
within which a decision must be made following submission of an application.
Whenever a board of county commissioners denies an application, the board
shall specify in writing:
    (a)  The statutes, ordinances and standards used in evaluating the
    application;
    (b)  The reasons for denial; and
    (c)  The actions, if any, that the applicant could take to obtain the
    license, transfer or renewal thereof.
    (3)  An applicant denied a license, transfer or renewal thereof or
aggrieved by a decision of the board of county commissioners pursuant to this
section may, within twenty-eight (28) days, after all remedies have been
exhausted under county ordinances or procedures, seek judicial review under
the procedures provided in chapter 52, title 67, Idaho Code, and for such
purposes a county shall be construed to mean an agency.
    (4)  In all cases where the board of county commissioners is considering
applications for licenses, transfers or renewals thereof, a transcribable
verbatim record of the proceedings shall be made. If the application for a
license, transfer or renewal is denied, a transcribable, verbatim record of
the proceedings shall be kept for a period of not less than six (6) months
after a final decision on the matter. Upon written request and within the time
period provided for retention of the record, any person may have the record
transcribed at his expense. The board of county commissioners shall also
provide for the keeping of minutes of the proceedings. Minutes shall be
retained indefinitely or as otherwise provided by law.