2005 Idaho Code - 23-1303 — DEFINITIONS

                                  TITLE  23
                             ALCOHOLIC BEVERAGES
                                  CHAPTER 13
                   COUNTY OPTION KITCHEN AND TABLE WINE ACT
    23-1303.  DEFINITIONS. The following terms as used in this chapter are
hereby defined as follows:
    (a)  "Table wine" shall mean any alcoholic beverage containing not more
than sixteen percent (16%) alcohol by volume obtained by the fermentation of
the natural sugar content of fruits or other agricultural products containing
sugar whether or not other ingredients are added.
    (b)  "Director" means the director of the Idaho state police.
    (c)  "Dessert wine" means only those beverages that are designated or
labeled, pursuant to the federal alcohol administration act, as "sherry,"
"madeira" or "port," which contain more than sixteen percent (16%) alcohol by
volume, but do not exceed twenty-one percent (21%) alcohol by volume. Dessert
wine as defined herein shall not be deemed to be a spirit based beverage for
the purposes of subsection (p) of this section.
    (d)  "Retail wine license" means a license issued by the director,
authorizing a person to sell table wine and/or dessert wine at retail for
consumption off the licensed premises.
    (e)  "Wine distributor's license" means a license issued by the director
to a person authorizing such person to distribute table wine or dessert wine
to retailers within the state of Idaho.
    (f)  "Wine importer's license" means a license issued by the director to a
person authorizing such person to import table wine or dessert wine into the
state of Idaho and to sell and distribute such wines to a distributor.
    (g)  "Retailer" means a person to whom a retail wine license has been
issued.
    (h)  "Distributor" means a person to whom a wine distributor's license has
been issued.
    (i)  "Importer" means a person to whom a wine importer's license has been
issued.
    (j)  "Winery" means a place, premises or establishment within the state of
Idaho for the manufacture or bottling of table wine or dessert wine for sale.
    (k)  "Winery license" means a license issued by the director authorizing a
person to maintain a winery.
    (l)  "Vintner" means a person who manufactures, bottles, or sells table
wine or dessert wine to importers for resale within this state other than a
licensed "winery" as herein defined.
    (m)  "Person" includes an individual, firm, copartnership, association,
corporation, or any group or combination acting as a unit, and includes the
plural as well as the singular unless the intent to give a more limited
meaning is disclosed by the context in which it is used.
    (n)  "Wine by the drink license" means a license to sell table wine or
dessert wine by the individual glass or opened bottle at retail, for
consumption on the premises only.
    (o)  "Domestic produced product" means wine at least seventy-five percent
(75%) of which by volume is derived from fruit or agricultural products grown
in Idaho.
    (p)  "Low proof spirit beverages" means any alcoholic beverage containing
not more than fourteen percent (14%) alcohol by volume obtained by
distillation mixed with  drinkable water, fruit juices and/or other
ingredients in solution.  These products shall be considered and taxed as
wine. Spirit based beverages exceeding fourteen percent (14%) alcohol by
volume shall be considered as liquor and sold only through the state liquor
dispensary system.
    (q)  "Wine" includes table wine and dessert wine, unless the context
requires otherwise.
    (r)  "Theater" means a room, place or outside structure for performances
or readings of dramatic literature, plays or dramatic representations of an
art form not in violation of any provision of Idaho law.
    (s)  "Live performance" means a performance occurring in a theater and not
otherwise in violation of any provision of Idaho law.
    (t)  All other words and phrases used in this chapter, the definitions of
which are not herein given, shall be given their ordinary and commonly
understood and accepted meanings.