Chapter 3

Alcoholic Beverages

3-3-1: Legal Authority


Idaho Code sections 50-301 and 50-307 authorize the City to regulate occupations and businesses within the City. (2019 Code)

3-3-2: Purpose


The City finds that public health, safety and welfare require that certain occupations and businesses within the City be regulated without restraining, burdening or over regulating the businesses or occupations. The buying and selling of alcohol is an industry that requires astute ownership in order to maintain compliance with all of the laws and regulations designed to protect society. The licensing process is one step in assisting in compliance with those laws. However, the issuance of a license pursuant to this chapter does not constitute a representation or an affirmance to any person who transacts business with a person that said licensee is free from risk. The City shall not be liable for, nor shall a cause of action exist for, any loss or damage based upon the failure of any person licensed under this chapter to meet the standards contained herein. (2019 Code)

3-3-3: Scope


This chapter establishes minimum standards and procedures for licensing and operating a business which serves, sells, distributes or is otherwise involved in the supply of alcoholic beverages within the City. (2019 Code)

3-3-4: General Licensing Provisions Applicable


To the extent not inconsistent with this chapter, the provisions set forth in chapter 1, article A of this title, shall apply with full force and effect to all provisions and sections of this chapter, and chapter 1, article A of this title is hereby incorporated herein by reference and applies to those rights and responsibilities not further defined herein. (2019 Code)

3-3-5: Definitions


For the purposes of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this chapter, but not defined herein or in chapter 1, article A of this title, shall have their plain, ordinary and common meaning. Words in any gender shall apply to the feminine, masculine and neuter genders.

ALCOHOLIC BEVERAGE: Any beverage containing alcohol which is a product of distillation of any fermented liquor, or synthetic ethyl alcohol, including beer, wine, spirits, or any liquid containing alcohol, beer, wine or spirits.

BEER: Any beverage obtained by alcoholic fermentation of an infusion or decoction of barley, malt or other ingredients in drinkable water.

BEER GARDEN: A geographically designated or enclosed area surrounded by fencing, with posted signage restricting consumption, approved by the City Council upon recommendation of the Police Chief and Fire Chief, where persons twenty one (21) years of age or older may consume or possess alcoholic beverages in compliance with the provisions of this chapter and State law.

BOTTLED BEER: Beer sold or disposed of while securely, tightly and adequately sealed in a glass, metal or other container of a capacity not to exceed two (2) gallons.

CATERING PERMIT: A permit issued by the City Council to serve and sell alcoholic beverages, which is valid for no more than two (2) consecutive days for parties, or five (5) consecutive days, with an option to request one extension for festivals or conventions. Said permits however, may be designated for less time and requests for extension may be denied at the sole and absolute discretion of the City Council.

CITY COUNCIL: The City Council of Boise City, Idaho.

CONVENTION: A formal meeting of members, representatives or delegates, including a political party, fraternal society, profession or industry.

EVENT: A convention or a party.

EVENT VENUE: The physical location where an event occurs.

FESTIVAL: A period or program of festive activities, cultural events or entertainment lasting three (3) or more consecutive days.

FIRE CHIEF: The Fire Chief of Boise City, Idaho, or designee.

FIRE DEPARTMENT: The Boise City Fire Department.

LIQUOR: All kinds of liquor sold by and in a State liquor store of the State of Idaho.

OFF PREMISES BEER OR WINE LICENSE: A license authorizing a person to sell beer or wine at retail for consumption off of the licensed premises.

ON PREMISES BEER OR WINE LICENSE: A license to sell beer or wine by the individual glass or opened bottle at retail for consumption on the premises only.

PARTY: A social gathering especially for pleasure or amusement and includes, but is not limited to, such social events as weddings, birthdays and special holiday celebrations to include, but not be limited to, New Year's celebrations, Super Bowl Sunday, St. Patrick's Day, the Fourth of July and Labor Day.

PLACE OF BUSINESS: The location where business is carried on by the owners or agents of owners and under the control of those owners or agents.

POLICE CHIEF: The Chief of Police for Boise City, Idaho, or designated agent.

POLICE DEPARTMENT: The Boise City Police Department.

PREMISES: The business building in or grounds on which the service and sale of any alcoholic beverage is authorized under this chapter and pursuant to Idaho Statute.

RETAILER: Any person engaged in the sale or distribution of alcoholic beverages, with the exception of keg beer sold by Idaho State licensed wholesalers.

SPIRITS: Any beverage which contain alcohol obtained by distillation mixed with drinkable water or other substances in solution, including, among other things, brandy, rum, whiskey, vodka and gin.

STATE: The State of Idaho.

WINE: Any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits (grapes, apples, etc.) or other agricultural products containing sugar (honey, milk, etc.) containing not more than fourteen percent (14%) alcohol by volume. (Ord. 29-15, 7-7-2015; amd. 2019 Code)

3-3-6: License Required


It shall be unlawful for any person or licensee to sell, keep for sale or dispense any alcoholic beverage without first obtaining the appropriate license or permit required by law. Further, it shall be unlawful for licensees to give away or otherwise dispose of any liquor in the original containers or otherwise than by retail sale by the drink. (1952 Code § 5-05-02)

3-3-7: Application For License


Prior to the issuance of a license, as herein provided, the applicant shall file with the City Clerk an application as set forth in section 3-1A-6 of this title, and include such information and statements relative to the applicant and the premises (in existence or to be constructed in accordance with plans and specifications approved by City) where the alcoholic beverages are to be sold. In addition to the qualifications required by other provisions of this chapter, the application must show:


A. Owner Consent: A certified copy of a document showing that the owner consents to the sale of alcoholic beverages on the premises, if the premises to be licensed is not owned by the applicant.


B. State License: A license issued by the State Police, Alcohol Beverage Control, for the premises and for the time for which the application is made.


C. County License: A license issued by the Board of County Commissioners for the premises and for the time for which the application is made.


D. Display Of License: That upon issuance of a license to the applicant for the particular premises, the license shall at all times be prominently displayed in the place of business of the licensee. (1952 Code § 5-05-03; amd. 2019 Code)

3-3-8: Qualifications


A. Prohibited Persons: No person shall sell or dispense alcoholic beverages at retail until licensed in accordance with the provisions of this chapter, and no retailer's license shall be issued to any applicant, or such license transferred to any person, including the executor, administrator or trustee in bankruptcy of the estate of the holder of a retail license, when that person:

1. Is under the age of nineteen (19) years;

2. Is not the bona fide owner of such business;

3. Is not a citizen of the United States, or has not been a bona fide resident of the State for at least thirty (30) days next preceding the date of application for a license; provided, that if the applicant is:

a. A partnership, all members thereof shall be citizens of the United States and have been residents of the State for at least thirty (30) days preceding the date of application for a license; or

b. A corporation or association, it must be organized under the laws of the State or qualified under the laws of the State to do business in the State and the principal officers and the members of the Governing Board must be citizens of the United States and residents of the State for at least thirty (30) days next preceding the date of application for such license;

4. As the licensee or any of its employees, officers or members of the Governing Board or Body, has been convicted or paid any fine, or has received a deferred sentence or withheld judgment, or has suffered the forfeiture of a bond for failure to appear, or has completed any sentence of confinement:

a. That within three (3) years immediately preceding the date of filing the application, the applicant has not been convicted of the violation of any law of the State, any other state, or of the United States, regulating, governing or prohibiting the sale, manufacture, transportation or possession of alcoholic beverages or intoxicating liquors, or, within said time, suffered the forfeiture of a bond for failure to appear in answer to charges of any such violation;

b. That within five (5) years immediately preceding the date of filing the application, the applicant has not been convicted of any felony or paid any fine or completed any sentence of confinement therefor within said time;

c. That within three (3) years next preceding the date of filing said application, the applicant has not had any license provided for herein, or any license or permit issued to the applicant pursuant to the law of this State, or any other state, or of the United States, to sell, manufacture, transport or possess alcoholic beverages or intoxicating liquors, revoked;

5. Has engaged in the operation, or interests therein, or any of its employees, officers or members of its Governing Board or Body has been so engaged in the operation, or interests therein, of any place for the purpose of prostitution or who have been convicted of any crime or misdemeanor opposed to decency or morality;

6. Has had a license revoked by this City, the State, or any city or county of this State; was a member of a partnership or association whose license has been revoked by this City, the State, or any city or county of this State; was an employee, officer or member of the Governing Board, or one of the principal stockholders of a corporation licensed to sell alcoholic beverages at retail and whose license has been revoked by this City, the State or any city or county of this State.


B. Partners, Members: The affirmative showing required with respect to qualifications of an applicant shall also be required to be made with the respect to each partner of a partnership applicant and to each incumbent officer, director or member of the Governing Board or Body of a corporation or association applicant, and to each person then employed by an applicant whose duties include the serving or dispensing of alcoholic beverages. (1952 Code § 5-05-05; amd. 2019 Code)

3-3-9: Retailer's License


All licenses for the retail sale of alcoholic beverages within the City shall terminate at twelve o'clock (12:00) midnight on December 31 of the year in which such license is issued, unless application for renewal has been made. If application for renewal has been made, the current license shall remain in force until the City Clerk has acted on the application for renewal and has given notice of the action taken. (1952 Code § 5-05-08; amd. 2019 Code)

3-3-10: Transfer Of License


A. Application, Approval Required: A license may be transferred, but the transferee, including any executor, administrator or trustee in bankruptcy of the estate of the retailer, shall not be authorized to retail alcoholic beverages thereunder until the transferee shall have filed under oath an application therefor containing the same information required in an application for a license, and if the transferee possesses the qualifications and none of the disqualifications of a retailer as provided in this title, the Council shall approve such transfer and the Clerk shall amend the license to reflect the transfer.


B. License Transfer Fee: Each such beer or wine license shall be accompanied with a transfer fee of ten percent (10%) of the annual license fee.


C. Location Transfer; Fee: Application to transfer a beer or wine license from one authorized location to another shall be made to the Council on forms prescribed and furnished by the Clerk. Each application for transfer of location shall be accompanied by a transfer fee of ten percent (10%) of the annual license fee. (1952 Code § 5-05-10)

3-3-11: Schools; Churches; Exceptions


No alcoholic beverage license shall be issued to any person to sell beer for consumption on the premises where any part of the room, or other place, for such sale or consumption is:


A. School Activities: Within a radius of three hundred feet (300') of any part of building within which any public school activities are conducted; nor (1952 Code § 5-05-12)


B. Churches: Within a radius of one hundred fifty feet (150') of any room within which the regular religious or Sunday school services of a duly organized and established religious sect are or were so conducted prior to issuance of such license; provided, that this subsection shall not apply to a room or other place for such sale and consumption for which such a retailer's license had been issued prior to the conduct of such services and except for any period of three (3) months have continuously been in effect. (1952 Code § 5-05-12; amd. 2019 Code)

3-3-12: Consumption On And Off Premises


Retailers holding valid licenses for the retail sale of liquor may sell wine for consumption on or off the licensed premises. Retailers holding a valid on-premises wine license may sell wine for consumption on the premises only. Retailers who do not possess a valid license for the retail sale of liquor or retailers who do not have a valid on-premises wine license shall not permit consumption of wine on the licensed premises and may sell the wine only in its original unbroken container. Wine sold for consumption, on or off the licensed premises, may be sold only during hours and on the days beer can be sold. (1952 Code § 5-05-13)

3-3-13: Liquor Catering Permit


A. Legal Authority: Idaho Code sections 23-934A through 23-934C authorize the City to issue catering permits.


B. Purpose: This section provides the procedures and guidelines to obtain an alcoholic beverage catering permit pursuant to Idaho Code title 23.


C. Catering Permit Required: No person shall serve and sell any alcoholic beverage by the drink at an event, without first obtaining a catering permit issued by the City Clerk's Office.


D. Application For Permit:

1. Application for a catering permit shall be made to the City Clerk's Office in such form and manner as may be prescribed.

2. The written application for a catering permit shall include, at a minimum, the following:

a. The name and address of the applicant; and if a partnership, the name and address of the general partner; and if a corporation or association, the name and address of the agent for service of process; and such other information as may be required.

b. The number and a photocopy of the applicant's State retail liquor license, State retail beer or wine license, or permit issued pursuant to Idaho Code section 23-1007A.

c. The dates and hours requested during which the permit will be effective, which shall not exceed:

(1) Two (2) consecutive days for a party; or

(2) Five (5) consecutive days for festivals and conventions, with an option to request one extension on the same terms and conditions as the original permit. Extension on a festival or convention catering permit may be issued or denied at the sole and absolute of the City Clerk's Office.

d. The name of the organization, group or person sponsoring the party, festival or convention; and if applying pursuant to a planned special event permit, the name and number of the planned special event permit.

e. If not the applicant, then the name, phone number, physical and mailing address, and e-mail address of the applicant's designee who will present at the premises for the duration of the event.

f. The address at which the catering permit is to be used; and if a public building or private building open to the public, the rooms in which the alcoholic beverages are to be served.

g. A detailed description or diagram of the location where the alcoholic beverages are to be served and sold, including a detailed scale drawing of the area.

h. The number of people anticipated to attend the event, including all hosts, employees, sponsors, agents, consumers and security personnel.

3. Upon receipt of an application for a permit, the City Clerk's Office shall cause the application to be forwarded to the Police Chief and Fire Chief. In addition, the City Clerk's Office shall cause an investigation to be made to the extent necessary to determine whether the applicant is qualified to receive a catering permit.

4. Every application for a catering permit shall be accompanied by a nonrefundable permit fee in an amount established by the State and listed on the most current City Clerk license fee schedule. An applicant shall pay a fee for each day the catering permit is to be in effect.

5. The application must be made to the City Clerk's Office no less than five (5) business days prior to the event. In the event an applicant submits an application within five (5) business days of the event, the applicant may request an expedited review. The request for expedited review must be in writing and must explain the reasons for requesting the expedited review. Upon good cause shown, in the City Clerk's sole discretion, the City Clerk may waive the application filing deadline. If the City Clerk fails to find good cause for an expedited review, the City Clerk shall provide such a decision to the applicant in writing. The application deadline may also be waived if an applicant is applying to use the catering permit at a preapproved event venue and the number of persons attending the event is less than two hundred (200). In either waiver situation, the application shall be submitted no later than twelve o'clock (12:00) noon the day before the event.


E. Disqualifying Circumstances: No person shall be issued a catering permit if the person:

1. Does not possess a valid retail liquor license, State retail beer or wine license, or permit issued pursuant to Idaho Code section 23-1007A; or

2. Has been convicted of, or received a withheld judgment for, any disqualifying crime pursuant to chapter 1, article A of this title.

3. Is required to obtain a planned special event permit as provided by this Code and has not obtained approval of said permit; or

4. Has requested a catering permit for more than the allowed maximum number of days permitted pursuant to this chapter; or

5. The Police Chief or Fire Chief recommends denial of the catering permit.


F. Police And Fire Application Review:

1. Upon receipt of an application from the City Clerk's Office, the Police and Fire Chiefs, or their designees, may recommend approval of the application, approval of the application with conditions, or denial of the application, for any of the following reasons:

a. To carry out the policies of the City, including to protect the health, safety and welfare of the public, or to prevent an unlawful disturbance or nuisance, the Police Chief may recommend the catering permit be issued with conditions. The Police Chief may consider such factors as the anticipated number of participants, the location of the venue, pedestrian and vehicular traffic, the occurrence of other events in the area at the same time, ingress or egress of customers to the business and surrounding businesses, the presence of minors, and any other relevant factors. The conditions the Police Chief may impose include, but are not limited to, posting signs, hiring additional security personnel at the applicant's expense, hiring trained alcohol servers, reducing the number of dates or times of the event, or maintenance of the event venue in a specified manner, including restricted area and access points.

b. The Fire Chief shall review the application to confirm that the proposed size, configuration, location and number of people attending the event is consistent with the Fire Code, and to determine if the event will impede the access of emergency vehicles or emergency personnel to the area. The Fire Chief may recommend that the event venue be maintained in a specified manner as a condition of the catering permit to ensure compliance with the Fire Code and access of emergency vehicles and personnel.


G. Event Venue: A proposed event venue shall meet all of the following conditions:

1. The event venue abuts or is contiguous to or has sufficient sanitation services;

2. The boundaries of the event venue are identified by the placement of one or more continuous physical barriers with a minimum height of three feet (3');

3. Any conditions required by the Police Chief or Fire Chief that establish and limit access of the public to and from the area where alcoholic beverages are served and sold;

4. The proposed placement or description of any required signs is satisfactory to the Police Chief;

5. None of the event venue's furnishings, tables, chairs or barriers encroach on any sidewalk, and are not closer than eight feet (8') from a roadway, alley or edge of the payment used for motor vehicle traffic, not including private parking areas; and

6. The event venue obtains and maintains in good standing all required State, County and City licenses, and is in compliance with all applicable Federal, State and local statutes, rules and regulations.


H. Issuance Or Denial Of Catering Permit: The City Clerk's Office shall issue a catering permit if all of the following are met:

1. The applicant is not disqualified for any reason set forth in subsection E of this section;

2. The Police Chief and Fire Chief recommend issuance of a catering permit either with or without conditions, and, if with conditions, the applicant accepts any such conditions; and

3. The event venue meets all of the requirements of subsection G of this section.


I. Pre-Approved Event Venue:

1. An event venue that routinely hosts catering permit events may be pre-approved as an event venue ("pre-approved event venue"), provided the event venue meets all of the following conditions:

a. The event venue hosts at least twenty (20) events each year at which a catering permit is required;

b. The event venue obtains and maintains in good standing all required State, County and City licenses, and is in compliance with all applicable Federal, State and local statutes, rules and regulations; and

c. The event venue shall not, within one hundred twenty (120) days of its request to be on the pre-approved event venue list, have any violations of its State, County and City licenses, or any criminal violations regarding the serving of alcoholic beverages.

2. Despite meeting the above qualifications, the City Clerk's Office may deny pre-approval status to an event venue if the City deems that inclusion on the pre-approval list is contrary to public safety or inconsistent with the purpose for which catering permits should be used.

3. A venue must re-submit its request to be a pre-approved event venue each January, or at the time of the first catering permit application to use that venue for the year.

4. The City Clerk, Police Department or Fire Department may remove a venue from the pre-approved event venue list at any time for any violation of this Code, or any civil or criminal violation. Both inclusion on the pre-approved event venue list and removal from the list is within the discretion of the City Clerk's Office, and no right of appeal exists for failure to be included on the list, or removal from the list.


J. Multi-Day Planned Special Event: If, pursuant to chapter 17 of this title, a planned special event is scheduled for more than three (3) days, two (2) or more separate applicants may apply for and receive two (2) or more separate catering permits, which may run consecutively to each other and last the duration of the planned special event; provided, however, that no individual applicant may receive two (2) catering permits that run consecutively or receive a catering permit that exceeds three (3) consecutive days.


K. Catering Permit Event:

1. At the event for which the catering permit was obtained, the applicant or applicant's designee listed on the application shall be personally present at the event venue for the duration of the permit.

2. The catering permit shall be displayed in a conspicuous location at the event venue for the duration of the event.


L. Grounds For Revocation: The City Clerk, Police Chief or Fire Chief may revoke a catering permit for the following reasons:

1. When, subsequent to issuance of the catering permit, the Clerk's Office finds that the permittee failed to meet the qualifications and none of the disqualifications of this section;

2. The permittee obtained his permit by fraud or misrepresentation;

3. The permittee fails to comply with any of the minimum standards, requirements, policies or procedures set forth in this title;

4. The catering permit is being exercised contrary to the conditions of the catering permit; or

5. The permittee is operating the catering permit in such a manner as to be detrimental to the public health, safety or welfare.


M. Revocation Due To Exigent Circumstances:

1. Where there exists a clear danger to the health, safety or welfare of the public resulting from the use of the catering permit, or where the permittee or his agents fail to perform in conformance with the conditions and terms set forth on the catering permit, the City Clerk, Police Chief or Fire Chief may revoke the catering permit by immediately demanding and seizing the permit.

2. Upon receipt of the revoked permit, or where the permit cannot be seized due to the unavailability of the permittee or his designee, or where the permittee or his designee refuses to surrender the permit, the Chief of Police may direct the seizure and removal of all alcoholic beverages. The Chief of Police shall keep the alcoholic beverages as evidence and, upon conviction of the person for violation of the provisions of this chapter or any other local, County or State law, forfeit the alcoholic beverages, including all packages and bottles, to the State.


N. Procedure Upon Denial, Revocation; Appeal: Except as otherwise provided in this title, the procedures for denial, revocation and appeal shall be as set forth in chapter 1, article A of this title.


O. Violations:

1. A person who fails to display or surrender a catering permit as provided in this section shall be guilty of an infraction for a first time offense. A second or subsequent offense shall be a misdemeanor.

2. A person holding a catering permit, or any person employed or acting on the behalf of a person holding a catering permit, who permits, allows or fails to correct conduct in violation of the conditions or terms of a catering permit is guilty of an infraction for a first time offense. A second or subsequent offense shall be a misdemeanor.

3. It shall be a misdemeanor for any person to obtain multiple catering permits for the sole purpose of circumventing State or local laws and regulations. (Ord. 29-15, 7-7-2015; amd. 2019 Code)

3-3-14: Penalty


A. Penalty For Misdemeanor Violation: Every misdemeanor is punishable as provided in section 1-4-1 of this Code.


B. Penalty For Infraction Violation: Every infraction is punishable as provided in section 1-4-2 of this Code. (Ord. 29-15, 7-7-2015; amd. 2019 Code)

ARTICLE A - Unlimited Sales For One Price Prohibited

3-3A-1: Prohibition


On premises where alcoholic beverages are sold by the drink, a licensee or a licensee's agent or employee may not sell, offer to sell or deliver an unlimited number of alcoholic beverages to a person or group of persons for a fixed or single price. (1952 Code § 5-08-01)

3-3A-2: Exceptions


A. Special Events: The above prohibition applies only when one price is charged for an unlimited number of alcoholic beverages and does not apply to the purchase of a ticket for a special event where food will also be served, such as a wine tasting, wine or beer dinner, fund raiser, etc.


B. Catering Permits: The prohibition of this section shall not apply to licensees selling or serving alcoholic beverages pursuant to a catering permit issued by the City Clerk. (1952 Code § 5-08-01)

3-3A-3: Penalty


Any person violating this provision shall be deemed guilty of a misdemeanor and, upon conviction thereof, subject to penalty as provided in section 1-4-1 of this Code. (1952 Code § 5-08-01; amd. 2019 Code)

ARTICLE B - Server Training

3-3B-1: Definitions


For the purposes of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this chapter, but not defined herein or in chapter 1, article A of this title, shall have their plain, ordinary and common meaning. Words in any gender shall apply to the feminine, masculine and neuter genders.

ALCOHOLIC BEVERAGE: Any beverage containing alcohol which is a product of distillation of any fermented liquor or synthetic ethyl alcohol, including beer, wine, spirits or any liquid containing beer, wine or spirits.

APPROVED SERVER TRAINING: A program approved by the Chief of Police as indicated in section 3-3B-2 of this article, which is designed to educate servers of alcohol on laws and rules regarding the sale and service of alcoholic beverages, the effects of alcohol on the human body, methods of identifying intoxicated persons and refusing to sell or serve alcohol to those persons, and methods for checking and identifying legal identification.

CHIEF OF POLICE: The Chief of the Boise City Police Department or designee.

LICENSEE: The person to whom a valid license to retail liquor by the drink or beer and wine by the drink is issued by the Idaho State Police. A club licensee is a "club" as defined in Idaho Code section 23-902(1) and possessing a club license as defined in Idaho Code section 23-903 on January 1, 2009.

SERVER OF ALCOHOL: Any person serving or selling any alcoholic beverages, including spirits, wine or beer for consumption on a licensed premises as a requirement of his or her employment, and any person managing those employees. Servers of alcohol include waiters, waitresses, bartenders and managers of waiters, waitresses and bartenders. (1952 Code § 5-07-01; amd. 2019 Code)

3-3B-2: Approved Server Training


A. All approved server training programs must include an examination component, that shall include but not be limited to, the following topics:

1. Monitoring a patron's behavior;

2. Recognizing intoxicated patrons;

3. Checking patrons' photo identifications for relevant information;

4. Recognizing false and altered photo identification;

5. Providing alternatives to alcoholic beverages;

6. Problem solving when interacting with intoxicated and belligerent patrons; and

7. Understanding and applying Idaho laws and rules pertaining to alcoholic beverages.


B. The approved server training programs are set forth on the current list maintained by the Boise Police Department and available through either the Boise Police Department or the City Clerk's Office. The Boise Police Department may change the list of approved server training programs from time to time as it deems appropriate. (Ord. 39-18, 9-25-2018)

3-3B-3: Server Training Requirements


A. Completion Of Program Required: Unless already certified, a "server of alcohol", as defined in section 3-3B-1 of this article, must complete an approved server training program by July 1, 2009, or within sixty (60) days of the date the alcohol server begins employment at a licensed establishment and must maintain that certification throughout his or her employment as a server of alcohol.


B. Licensee Responsibility: Licensees operating establishments where alcoholic beverages are served and consumed on the premises must ensure that each server of alcohol employed on the premises is either already certified or completes an approved server training program by July 1, 2009, or within sixty (60) days of the date the server begins employment at the establishment and that each server of alcohol maintains that certification throughout his or her employment as a server of alcohol. Club licensees are required to have no less than one server of alcohol, whether employed or a volunteer, on the premises at all times to supervise the service of alcohol to members and the guests of members. Club licensees are required to ensure that all supervising servers of alcohol have completed an approved server training program by July 1, 2009, or prior to supervision the service of alcohol to members and the guests of members.


C. Records Maintained:

1. Server: Servers of alcohol must maintain records of their training and show proof of current certification upon request to officers of the Police Department or other law enforcement officers.

2. Licensee: Licensees must maintain training verification records or proof of current certification for each server employed and must present those records upon request to officers of the Police Department or other law enforcement officers. Club licensees must maintain records of training and show proof of current certification for each supervising server of alcohol and must present those records upon request to officers of the Police Department or other law enforcement officers. (1952 Code § 5-07-03)

3-3B-4: Enforcement; Penalty


A. Misdemeanor: Any person violating any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this Code. (1952 Code § 5-07-04; amd. 2019 Code)


B. Club Licensee: With the exception of club licensees, it is the City intent that this article stand alone and that violations of this article not subject licensees to the administrative procedure for suspension, revocation or refusal to renew licenses outlined in Idaho Code section 23-933. Violations of any section of this article by a club licensee shall be referred to the Alcohol Beverage Control for administrative action outlined in Idaho Code section 23-933. (1952 Code § 5-07-04)