This is a supplement to the training materials presented in the Affordable Alcohol Training Responsible Beverage Service Education Program and must be reviewed. 

Idaho’s Governing Liquor Authority

Idaho’s Governing Liquor Authority:

• The State of Idaho’s governing liquor authority is the Alcohol Beverage Control or ABC.
• The phone number for the ABC is: 208-884-7060.
• The website for the ABC is: http://www.isp.state.id.us/abc/.
• Idaho’s Legislature is the body responsible for enacting the state’s alcohol laws.
• Responsible alcohol service training is voluntary.
• Posting of alcohol warning signs is not a state requirement but may be required at the local level of government.

• Idaho is a control state:

• The Idaho State Liquor Dispensary or ISLD regulates and controls the sale of alcoholic beverages that exceed 16% alcohol by volume.

Liquor License and Alcohol Beverage Laws for the State of Idaho

Idaho’s Alcohol Beverage Control requires:

• Licensees to uphold all the liquor laws for the state of Idaho.

• Licensees to also be knowledgeable of and abide by any local ordinances as well.

Under Idaho’s Alcohol Laws:

• There are no specific laws regarding happy hour or drink specials. Local ordinances should be consulted.
• Licensees may provide a combination of food and drink for a special price.

Identification

Acceptable forms of identification in Idaho are:

• Drivers License (50 states, US territory, Other Government)
• State ID Card 
• Military ID (must show date of birth and a photo)
• Passport

Idaho’s Laws Regarding Age

Under Idaho law:

• A person must be at least 21 years old to purchase and consume alcohol.
• It is illegal to sell or serve alcohol to a minor.
• Minors are allowed in restaurants for dining purposes but are not permitted in other licensed establishments that serve alcoholic beverages.
• Under no circumstances are minors ever permitted to consume alcoholic beverages in the presence of their parents or legal guardians.

Dram Shop Laws for the State of Idaho

Dram Shop Liability:

• Idaho’s legislature does not recognize the furnishing of alcoholic beverages to be the proximate cause of injury or damages caused by intoxicated persons and therefore tries to limit dram shop liability imposed by the furnishing of alcohol.
• Liability only results when the licensee or employee knowingly sells or provides alcohol to a minor or a visibly intoxicated person who then drives their car and causes injury or damage to themselves or others and the proximate cause of the damages or injury is determined to be the consumption of the alcohol.
• The licensee and/or the employee may have a defense if they can provide evidence that the person’s ID was checked and that it was reasonable for them to believe that the person was 21 years of age or older.
• Property owners and renters of properties are not liable for any damages caused by individuals who consume alcohol on their properties without their consent. (This does not apply to any licensed establishments.) 

ADDENDUM: IDAHO’S DRAM SHOP LAW

TITLE 23 ALCOHOLIC BEVERAGES 

CHAPTER 8 ENFORCEMENT OF PENAL AND ABATEMENT PROVISIONS OF IDAHO LIQUOR ACT

23-808.  LEGISLATIVE FINDING AND INTENT -- CAUSE OF ACTION. 

1)       The legislature finds that it is not the furnishing of alcoholic beverages that is the proximate cause of injuries inflicted by intoxicated persons and it is the intent of the legislature, therefore, to limit dram shop and social host liability; provided, that the legislature finds that the furnishing of alcoholic beverages may constitute a proximate cause of injuries inflicted by intoxicated persons under the circumstances set forth in subsection (3) of this section.

2)       No claim or cause of action may be brought by or on behalf of any person who has suffered injury, death or other damage caused by an intoxicated person against any person who sold or otherwise furnished alcoholic beverages to the intoxicated person, except as provided in subsection (3) of this section.

3)       A person who has suffered injury, death or any other damage caused by an intoxicated person, may bring a claim or cause of action against any person who sold or otherwise furnished alcoholic beverages to the intoxicated person, only if:

(a)     The intoxicated person was younger than the legal age for the consumption of alcoholic beverages at the time the alcoholic beverages were sold or furnished and the person who sold or furnished the alcoholic beverages knew or ought reasonably to have known at the time the alcoholic beverages were sold or furnished that the intoxicated person was younger than the legal age for consumption of the alcoholic beverages; or

(b)     The intoxicated person was obviously intoxicated at the time the alcoholic beverages were sold or furnished, and the person who sold or furnished the alcoholic beverages knew or ought reasonably to have known that the intoxicated person was obviously intoxicated.

4)        

(a)      No claim or cause of action pursuant to subsection (3) of this section shall lie on behalf of the intoxicated person nor on behalf of the intoxicated person's estate or representatives.

(b)     No claim or cause of action pursuant to subsection (3) of this section shall lie on behalf of a person who is a passenger in an automobile driven by an intoxicated person nor on behalf of the passenger's estate or representatives.

5)       No claim or cause of action may be brought under this section against a person who sold or otherwise furnished alcoholic beverages to an intoxicated person unless the person bringing the claim or cause of action notified the person who sold or otherwise furnished alcoholic beverages to the intoxicated person within one hundred eighty (180) days from the date the claim or cause of action arose by certified mail that the claim or cause of action would be brought.

6)       For the purposes of this section, the term "alcoholic beverage" shall include alcoholic liquor as defined in section 23-105, Idaho Code, beer as defined in section 23-1001, Idaho Code, and wine as defined in section 23-1303, Idaho Code.