Frequently Asked Questions

The State of Idaho provides an electronic version of all Idaho alcohol laws and an electronic version of the Idaho Administrative Procedures (IDAPA Rules).

Yes.

Debit and/or credit cards can be processed. A 3% sales fee will be charged, plus $1.00. Cash, check, cashier’s check or money orders are also acceptable forms of payment.

No.

Idaho does not require alcohol servers to have any formal server training or certification. Some municipalities require server training such as TIPS training. Check with your local city or county for any local ordinances requiring such training. FREE ISP Alcohol Beverage Control training can be found on the ABC website. Idaho State Police Alcohol Beverage Control training does not substitute for TIPS training.

Liquor cannot be sold on Sunday, Memorial Day, Thanksgiving and Christmas. Counties or cities have the option to allow liquor sales on Sunday, Memorial Day and Thanksgiving only. There is no exception for Christmas day. Check with your local jurisdiction to see if they allow liquor sales on these days.

(IC 23-927)

Liquor-by-the-drink can be sold from 10 a.m. to 1 a.m. Your county or city may have a local ordinance that allows the sale of liquor by the drink until 2 a.m.

(IC 23-927)

Beer and wine can be sold from 6 a.m. to 1 a.m. Your county or city may have a local ordinance that allows the sale of beer and wine until 2 a.m.

(IC 23-1012)

The legal age to consume or possess any alcoholic beverage in Idaho is 21 years of age.

(IC 23-615)

The legal age to sell, serve or dispense liquor, beer or wine is 19 years of age through the course of their employment. If serving at a beer and wine tasting/sampling event the server must be 21 years of age. During the course of employment means while an employee is being paid. Employees under 21 years of age should leave the licensed premises during unpaid lunch hours in licensed establishments that are not restaurants, breweries, or wineries.

(IC 23- 949, IC 23-1013, IC 23-1325C)

Any validly issued and unaltered state or federally issued identification is acceptable. This includes, but is not limited to, driver’s licenses, tribal identification cards, passports, military identification cards, and foreign government-issued identification cards. An acceptable form must have the person’s photo, name, and date of birth on the card. (IC 23-615)

Idaho Drivers’s License Guide

No.

Patrons are not required to have a valid ID on them to be in an alcohol licensed establishment. However, all patrons of an alcohol licensed establishment or anyone consuming alcohol must be able to show any law enforcement officer a valid ID regardless of age. (IC 23-943A)

Idaho law does not prevent bartenders or servers from drinking alcohol while working. It is the responsibility of the employer to set policy and procedure concerning this issue. It is recommended a licensee contact their legal advisor and insurance provider before allowing employees to consume alcohol while working.

Consumers may not bring their own liquor or beer into a licensed establishment. Consumers may bring their own wine not already carried or supplied by the licensed retailer, and the retailer may charge the consumer a corking fee and provide a glass.

No.

Minors are prohibited from entering and loitering in a bar/lounge area, as defined as a “place”. Minors 19 years of age or older may serve, sell and dispense liquor, beer and wine in the course of their employment. During the course of employment means while an employee is being paid. Employees under 21 years of age should leave the licensed premises during unpaid lunch hours in licensed establishments that are not restaurants, breweries or wineries. (IC 23-949, 23-943)

Servers or bartenders at least 19 years of age are allowed in bars during the course of their employment. Singers and musicians at least 18 years of age are allowed in bars only during the course of their employment. Minors can lawfully be upon the premises of a restaurant, brewery, winery, railroad observation or club car or any airplane of a commercial airline. Minors may be in any baseball park, sports arena, convention center, multi-purpose arena, or theater that is presenting live performances or fairgrounds that are licensed for the sale of liquor by the drink or beer and wine for consumption on the premises. (IC 23-943, IC 23-944)

Catering permits are issued by the county or city government agencies. Contact the county or city where the event being catered will be held. (IC 23-934)

You must apply for a Certificate of Approval license. The fee for this license is $100. All beer brought into Idaho for distribution must be unloaded, stored and maintained at an Idaho licensed wholesale location before it can be distributed in Idaho. An out of state brewery, dealer or wholesaler not licensed in the state of Idaho may not direct ship beer to a resident of Idaho. (IC 23-1027)

No.

Any brewer manufacturing beer outside the state of Idaho must sell beer for resale or consumption to wholesalers licensed in this state. (IC 23-1055)

Yes.

An Idaho licensed retailer who holds a license for the retail sale of wine for consumption off the licensed premises may ship not more than two (2) cases of wine, containing not more than nine (9) liters per case, per shipment, for personal use and not for resale, directly to a resident of another state, if the state to which the wine is sent allows residents of this state to receive wine without payment of additional state tax, fees or charges. Age verification is required upon sale and delivery of the person who placed the order. Alcohol can’t be sold, delivered, given away, or allowed to be consumed, any alcoholic beverage to any person actually, apparently, or obviously intoxicated. Other laws apply in regards to the shipping and handling of alcoholic beverages. (IC 23-1309A)

If you are licensed as a brewery in Idaho, but also have a brewery outside of Idaho, the brewery outside of Idaho must have a certificate of approval and ship to an Idaho licensed wholesaler in Idaho. (IC 23-1027)

No.

The public interest requires that alcoholic liquor be regulated and controlled by the state, through the medium of a state liquor division vested with exclusive authority to import and sell liquor. (IC 23-102 & 23-203)

If you would like to be the distributor of your supplied wine, you must apply for an importer and a distributor license. All wine brought into Idaho for distribution must be unloaded, stored and maintained in an Idaho licensed location before it can be legally distributed in Idaho. If you do not want to be the distributor of your wine, you must send ABC an appointment letter stating the Idaho distributor you are appointing to distribute your wine. (IC 23-1309)

If you are a licensed out-of-state winery and want to ship your manufactured wine to Idaho consumers, you must first have a Direct Shipper Permit from ABC. Forms and applications are available from the Idaho Tax Commission. The fee is $50.00 for a new application and $25.00 a year to renew. If you are not a winery but a wine supplier only, you must ship your wine to a licensed Idaho distributor for distribution in Idaho. (IC 23-1309)

If you have a retail wine license (by the bottle or by the glass) or a retail beer license you do not need a special permit to have wine or beer tastings at your licensed premises. Additionally, you may be assisted with a beer or wine tasting by a licensed brewery, winery, wholesaler or distributor. Other laws apply for conducting a beer tasting, review Idaho Code 23-1019, or for wine tastings review  Idaho Code 23-1325C. Servers or bartenders providing samples at a beer or wine-tasting event have to be at least 21 years of age. Sample sizes on beer or wine cannot exceed 1.5 ounces. If being assisted by a manufacturer with a tasting event, the manufacturer is limited to eight times annually per licensed location. (IC 23-1325, IC 23-1019)

“Table Wine” means shall contain no 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. “Dessert Wine” means only those wines that contain more than sixteen percent (16%) alcohol by volume, but do not exceed twenty-four percent (24%) alcohol by volume, are grape-based, and are fortified through the addition of wine-based spirits or brandy made from grapes.

You will need to apply for a non-profit permit from ABC. The application is found on ABC’s website. You must apply a minimum of two weeks prior to your scheduled event to allow time for processing. The cost for beer is $20.00 and the cost for wine is $20.00. You may be assisted by a licensed alcohol retailer with the storage and serving of donated product or products purchased by your organization at your event. (IC 23-1336, IC 23-1007A)

The prohibition upon possession of beer by any person under twenty-one years does not apply to possession by a person under the age of twenty-one years making a delivery of beer or wine in pursuance of the order of his parent or in the pursuance of employment. (IC 23-1023, IC 23-1334)

We are aware of the increasing trend of bars and restaurants infusing distilled spirits with fruits, herbs, and other nonalcoholic ingredients to make “infusions,” which are served on premises in cocktails. ABC’s position is the infusion of liquor is not allowed. Infused liquor is not authorized under Title 23 or TTB rules and regulations. Liquor must be sold by the drink from the original container when the consumer orders it. (IC 23-507, IC 23-602, IC 23- 921)

No.

It is unlawful for a liquor-by-the-drink licensee to sell, keep for sale, dispense, give away, or otherwise dispose of any liquor in the original containers or otherwise by retail sale by the drink. (IC 23-921)

No.

Gambling is illegal per the Idaho Constitution, Title 18, and Title 23 Idaho Code. It is unlawful for any alcohol licensee to permit, conduct, play, carry on, open or cause to be opened any gaming in or upon the licensed premises or in or upon any premises directly connected by a door, hallway, or other means of access from the licensed premises. Gambling includes, but is not limited to, playing poker, dice games, blackjack, craps, roulette, slot machines (eight liners, cherry masters), coin operated machines (coin pushers), bingo, raffles, etc, unless lawful activities are conducted in conformity with statute and rules promulgated pursuant thereto. Idaho State Lottery and game machines are legal with a permit through the Idaho State Lottery Commission. Gambling means risking any money, credit, deposit or other thing of value for gaming contingent in whole or in part upon lot, chance, the operation of a gambling device or the happening or outcome of an event, including a sporting event. Gaming means any and all gambling or games of chance, whether those games are licensed or unlicensed. Card games such as pinochle and bridge are not considered games of chance, therefore legal. If the game is free to play, no purchase is necessary to play or to continue play, it may be legal and you should consult with your legal advisor before proceeding. (IC 23-902, IC 23-928, IC 18-3801, IC 18-3802, IC 23-3810)

No.

It shall be a misdemeanor for any person to use, possess, operate, keep, sell, or maintain for use or operation or otherwise, anywhere within the state of Idaho, any slot machine of any sort or kind whatsoever. This code does not apply to antique slot machines, an antique slot machine is a slot machine manufactured prior to 1950, the operation of which is exclusively mechanical in nature and is not aided in whole or in part by an electronic means. (IC 18- 3810)

Yes.

The game of pool and darts are considered a game of skill and can be played in an alcohol-licensed establishment. Beer pong is not specifically mentioned in the Idaho Code as being prohibited or allowed. Beer pong is not identified as a game of chance or a game of skill. However, beer pong is considered a drinking game and doesn’t encourage temperance. An alcohol licensee should consider beer pong a liability as it encourages the consumption of alcohol and potentially over-served patrons. You should consult with your legal advisor and insurance provider for further guidance before allowing patrons to play drinking games.

No.

It is unlawful for any person to keep or maintain any rooms or premises in which liquor is received or kept, whether owned by such person or by another, or to which liquor is brought, for consumption on the premises by members of the public or of any club, incorporated or unincorporated, or a corporation or association, unless such person and the premises are licensed, except as provided by a liquor catering permit. In addition, some city municipalities open container ordinances extend to private property open to the public. (IC 23-934)

No.

Any person, who shall have in possession, manufacture, transport, purchase, sell, or dispose (give away) of any distilled spirits, beer or wine, shall be guilty of a misdemeanor. If consumption is taking place in a business open to the public without first being properly licensed they may be in violation of city municipalities open container ordinances, which may extend to private property open to the public. Exterior doors are required to be posted to restrict underage persons from entering where there is not a restaurant or minor exception in place, unless through a catering permit. ISP ABC recommends you consult with your legal advisor, property owner, and business insurance provider before allowing alcohol to be consumed at your unlicensed premises by employees or members of the public. (IC 23-602, IC 23-934)

No.

Any person may manufacture or sell patent and proprietary medicines, tinctures, food products, extracts, toilet articles and perfumes, and other like commodities, which are not generally classified or used as beverages. However, they contain as one of their ingredients alcoholic liquor. A non-beverage is considered to be a non-drinkable product. If manufacturing, you should consult with the Federal Alcohol and Tobacco Tax and Trade Bureau (TTB) for recipe approval and labeling requirements. Also, a food handling permit from Idaho District Health is required, and we recommend you contact them for further guidance and permit requirements. (IC 23-504)

No.

Idaho considers some food products with alcohol as a non-beverage food product where alcoholic liquor, beer, or wine is utilized as a flavoring. A non-beverage food product is something a person eats (not drinks), containing a small amount of alcohol. Examples include candy, cake, chocolate, sauces, ice cream, pastries, condiments, cookies, jam, and jelly. Please note the Federal Alcohol and Tobacco Tax and Trade Bureau (TTB), US Department of the Treasury, has requirements and allowances that are different from Idaho and licensing is required for manufacturing. You may contact the TTB Regulations and Rulings Division. A food handling health permit from Idaho District Health may also be required, and we recommend you contact them for further guidance and licensing requirements. Products containing alcoholic liquor, beer, or wine may not be sold to someone under the age of 21.

No.

Any person shall have the privilege of manufacturing wine or brewing beer for the personal use of himself, family, and guests. A person may manufacture two hundred (200) gallons per calendar year if there are two (2) or more adults residing in the household; or one hundred (100) gallons per calendar year if there is one (1) adult residing in the household. (IC 23-501)

Yes.

The licensed winery can have the minor exception at their remote location as long as only the products of that winery are being sold. If another wineries product is being sold or if beer is being sold at the remote licensed location then the entrance doors would have to be posted to prevent those under the age of 21 from entering. (IC 23- 944(5), IC 23-1306)

Yes.

Cocktail bitters evolved out of archaic medicines made from plants believed to have pharmaceutical properties, once used to treat all sorts of ailments. Bitters are classified as a non-beverage, not intended to be consumed alone, similar to vanilla extract, and used to make a variety of popular cocktail drinks by adding a few drops as a flavor enhancement.

No.

You must purchase beer and wine you intend to sell at retail at your licensed premises from a brewery, winery, wholesaler or distributor. (IC 23-1055, IC 23-1313)

You may possess two quarts of liquor that has not been subjected to regulation by the division, except public carriers transporting liquor for the division. All licensees as defined in chapter 9, title 23, Idaho Code, shall have liquor to which is affixed the official seal or label prescribed by the liquor division. (IC 23-610)

No.

Any person who sells or keeps for sale any liquor without a license shall be guilty of a felony. (IC 23-938)

No.

Smoking in a restaurant violates Idaho’s Clean Indoor Air Act. You may choose to isolate the bar from the restaurant portion of your premises by physically isolating it from all parts of the restaurant with solid floor-to-ceiling walls. The bar portion should have separate outside public entrances that are not shared with the restaurant. It must not have any windows that can be opened or doorways connecting it to the restaurant. The bar may be connected to the restaurant through a kitchen or a hallway not available for public use. You may also decide to post the business doors to restrict those under the age of 21 from entering. Some municipalities prohibit smoking in bars or restaurants. You should check with your local jurisdiction. (IC 39-5503, IDAPA 16.02.23.010.02)

If you are open less than two (2) months and no more than (9) months of each year before its period of closure, it is apparent that the product will become outdated or spoiled before the date of re-opening, a wholesaler/distributor may remove the product from the retailer’s premises and may give credit to the retailer. Such credit shall be redeemed on subsequent alcoholic beverage purchases by the same retailer. Credit is given to a retailer for the amount paid by the retailer at the time of purchase of the product being removed by the wholesaler/distributor. (IDAPA 11.05.01.012.05)

No.

Minors shall not enter, remain, or loiter in any licensed establishment that sells alcoholic beverages by the drink where drinking alcohol is the predominant activity or where an environment is created in which drinking alcohol appears to be the predominant activity. This includes an establishment that provides entertainment and whose primary source of revenue comes from the sale of alcoholic beverages for consumption on the premises, or cover charges, or both, unless properly endorsed to do so, such as a multipurpose arena or club license. (IDAPA 11.05.01.021.01)