Amends existing law to revise provisions regarding a license to retail liquor and to establish provisions regarding the transfer and issuance of a license.

This legislation modifies the liquor licensing statute to clarify unintended consequences of Senate Bill 1120 in the2023session. Thislegislation“grandfathers”thepriorpracticeforduallessees(ofboththepremisesandthe liquor licenses) as it pertains to “legacy” licenses (issued prior to July 1, 2023), which have not expired, while also clarifying how this historic and existing practice may continue as specifically provided in this legislation. This legislation provides that a liquor license issued prior to July 1, 2023, and under a lease to a restaurant/bar operator as of July 1, 2023, may continue to be used in the same way through expiration of the term of the lease, whereupon the lease reverts back to the possession of the owner of the license. Upon such reversion the ownermay: transferthelicenseinaone-time-onlytransfer; retaintheleaseandapplytotheAlcoholicBeverage Control (ABC) to become the named operator of the license on the leased premises; transfer the license under the regular rules of revised Idaho Code § 23-903(16); or proceed under new Idaho Code § 23-903(18), which allows, among other things, subsequent leasing to other tenants and transfers to third party purchasers of the licensed premises. This legislation also provides for the loss of the right to a one-time-only transfer of a license once it is put to use pursuant to Idaho Code § 23-903(18). This legislation also adds new Idaho Code § 23-903(19) which provides that if there is a waiting list for applicants for a new liquor license, the applicant for whom a license becomes available may elect to have the license issued in the name of the original applicant or in the name of a qualified designee; designee qualifications are listed.