Alcoholic Beverage Licensing

State and Local Licensing

Several agencies license or tax the manufacture, sale, warehousing, distribution and/or import of alcoholic beverages, including beer and wine. To apply for a license, applicants must complete a background check, a financial check, and be fingerprinted. For general information and the order in which permits need to be secured, contact your local city clerk’s office or county clerk’s office. Before applying for an alcoholic beverage permit, a business must first secure a retail beer license.

Selling by the drink – To sell alcoholic beverages, including beer and wine, by the drink, contact the following agencies:

• Idaho State Police, Alcohol Beverage Control Division for a state license
• County sheriff’s office or Idaho State Police for background checks and fingerprints
• County clerk’s office for a county license
• City clerk’s office to obtain a local license. (Businesses located outside city limits will secure a specialty liquor license, not a city permit.)
• Idaho State Tax Commission to obtain a beer or wine tax permit and a sales tax permit (reseller’s permit)

Selling by the bottle – To sell distilled alcoholic beverages by the bottle, import, transport, distribute, or deliver alcoholic beverages in Idaho, contact the Idaho State Liquor Division in addition to the above agencies.

Manufacturer/Distillery License – isued by Idaho State Liquor Division

Idaho alcohol laws – Idaho Statute Title 23

Application requirements

The following documents are needed to apply for an alcohol license:

• Completed application (obtained from Idaho State Police Alcohol Beverage Control),
• A copy of applicant’s retail beer license
• Fingerprint cards and fees to cover the cost of background checks for everyone listed on the application
• A copy of the lease agreement or proof of ownership of the property where the alcohol will be served, including a detailed description of the premises, proof of zoning approval and a copy of the city or county building occupancy permit
• A copy of the most recent health department facility inspection
• If food is sold, a copy of the menu with individually priced items
• Names and addresses of all persons having a financial interest in the business, including mortgage holders, lease holders and silent partners
• a copy of the business’s entity registration (corporation, LLC, etc.) filed with the Idaho Secretary of State’s office
• Detailed financial statements for the business and each person listed on the application
• Some cities require proof that owners and employees have completed alcohol server awareness training.

Federal Licensing

The U.S. Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau licenses the following:

• Breweries and wineries
• Manufacturers and distillers
• Importers and exporters
• Wholesalers, distributors and warehouses
• Sake’ production – Sake’ is regulated as both wine and beer
• Cider – regulated as wine
• Alcohol containing added caffeine – a prohibited practice
• Industrial non-beverage alcohol

Wine

• Wine Direct Shippers need a wine license, a direct shippers permit, an Idaho sales tax permit and a wine tax permit.

Individuals having wine shipped to their homes for personal use pay use tax if the shipper did not charge sales tax.

• Wine Catering Permit: Needed by wineries, bars, restaurants and other wine providers to serve and sell wine at an off-site event.
• Winery-sponsored events: Special events open to the public and not held at a licensed winery and at which wine will be sold, such as festivals, need a permit from Idaho State Police Alcohol Beverage Control. Private events and parties held at a licensed winery, such as wedding receptions, do not need a permit.
• Wine labeling, Importing, exporting – Alcohol and Tobacco Tax and Trade Bureau (TTB)

Beer/Malt Beverages

• Consumer-Direct Beer Shipments: The direct shipment of beer to a residence is illegal. It is also illegal for a distributor to pay for the exclusive right to distribute the products of small breweries.
• Strong Beer: Beer containing more than 5% alcohol, called “strong” beer, is taxed as wine.
• Malt beverages containing added caffeine – a prohibited practice
• Beer/Malt Beverage Labeling – Alcohol and Tobacco Tax and Trade Bureau (TTB)
• Certificate of Approval to import beer Into Idaho

Kombucha

If the alcohol content of kombucha is 0.5% or more at any time during production or bottling, it is considered an alcoholic beverage and Federal Alcohol and Tobacco Tax and Trade Bureau regulations apply.

Change in Brewery or Winery Ownership or Control

When a brewery or winery changes ownership, registered entity type, or there is a change in physical or legal control of the business (new stockholders or LLC managers), the U. S. Treasury Alcohol and Tobacco Tax and Trade Bureau should be contacted. Business activities may be suspended until the new owners are approved.

Mobile Bar Service

Mobile bar services operate under the alcohol license of an established bar or restaurant. They cannot obtain their own alcohol or beer and wine license unless they have an establishment (restaurant, bar, etc.) at which the majority of their alcohol sales occur. Each event at which alcohol of any kind is served will need an alcohol catering permit issued by your local city cle ‘s office. For information, contact Idaho State Police Alcohol Beverage Control or call 208-884-7060.

Charitable/non-profit events

Organizations desiring to serve beer or wine at a charitable event lasting 3 days or less need to secure a temporary nonprofit event permit. The applicant (non-profit) must not have a current wine or beer permit and all proceeds must go to charity. Distilled spirits cannot be served. The same permit covers serving both beer and wine. The wine and beer must be obtained from a licensed vendor and the vendor’s employees must be onsite to assist with serving, selling or distribution of the beverages.

Home Brewing or Distilling

• Idaho State Police: Wine and Beer Information
• Alcohol and Tobacco Tax and Trade Bureau: Home Distilling

Alcohol Seller/Server Awareness Training

Alcohol Beverage Control offers free training for those who sell or serve alcohol, including retail store staff, bartenders and servers. See their website for class locations and dates. Some training is available online.

TIPS Training – Idaho Alcohol Server and Seller Training

Servsafe – alcohol server training provided by the National Restaurant Association