Idaho Liquor Lawyer
We are Leaders in Liquor Law in Idaho
At Johnson May, our Idaho liquor law attorney is a skilled, knowledgeable, and solutions-focused advocate for businesses and individuals. With deep liquor law experience, Attorney Brian Donesley helps clients with the full range of liquor law issues. Do you have specific questions or concerns about alcohol regulations in Idaho? We are here to help. Contact our Boise office or our Twin Falls office today for a fully confidential, no obligation initial consultation.
An Overview of Liquor Law in Idaho
Idaho has some of the most unique, complex, and comprehensive liquor laws in the entire country. Unlike many other states, liquor licensing in Idaho is largely based on a quota system. What does that mean for you and your business? A key point is that the number of retail liquor licenses available in each city is tied to population size. For this and other reasons, obtaining a license can be challenging. Indeed, liquor licenses in Idaho are often in short supply. As a consequence, existing licenses can be extremely valuable. Beyond the state-level restrictions, many local governments in Idaho also impose additional requirements on the sale, distribution, and service of alcohol. Businesses involved in the production or distribution of alcohol may also need to secure water rights to operate legally and efficiently in Idaho.
Alcoholic beverage regulation in Idaho is primarily governed by the Idaho State Police Alcohol Beverage Control (ABC) Division, along with various agencies at the state and local level that are involved in regulating the alcohol industry, including licensing, permits, and enforcement. ABC has broad discretion to issue, deny, suspend, or revoke licenses. It is important to remember that liquor licenses in Idaho are not considered a constitutional right. Instead, the Idaho courts have consistently held that a license is a “privilege.” The legal framework for liquor licensing is established by statute, which sets forth the requirements, privileges, and regulations related to alcohol sales. Regulators have significant authority. Whether you are a manufacturer, distributor, wholesaler, retailer, or broker, you must know the rules before investing in this highly regulated industry.
We Handle the Full Range of Idaho Liquor, Beer and Wine Retail, Wholesale, Manufacturing, Importation and Winery Law Issues
Johnson May is a boutique law firm that handles the full range of liquor and other alcoholic beverage law issues in Idaho. Our liquor law practice is headed by Attorney Brian Donesley. A former Idaho State Police State Liquor Chief with more than four decades of experience handling liquor law issues, Attorney Donesley has the experience you can trust when it matters the most. We are equipped to deal with complex regulatory challenges, including licensing, enforcement actions, and compliance issues. Along with other types of liquor law matters, our Idaho attorneys are prepared to help you with:
- Liquor License Acquisition: As Idaho operates under a quota system, acquiring a new liquor license can be difficult. We assist clients in applying for licenses directly through the state. When licenses are unavailable, our team can assist you with acquiring licenses through direct purchase or transfer, and we handle all legal and regulatory aspects of such purchases.
- Sale/Transfer of a Liquor License: Liquor licenses can be leased, sold, or transferred under certain conditions. These transactions are often complex, requiring state approval and adherence to strict regulations. We guide clients through the transfer process, draft and review contracts, and work to ensure that the transaction moves forward without problem.
- Compliance With Liquor Law: Running a bar, restaurant, brewery, or other establishment that serves alcohol requires ongoing compliance with state and local laws. Proactive compliance with liquor law is an absolute must in Idaho. Even seemingly small violations can cause big problems.
- Liquor License Defense: When a business is accused of violating Idaho liquor laws, the penalties can be severe, civil or criminal, including criminal penalties, administrative suspension or even permanent loss of a license and being disqualified for any future licensing or holding any financial interest in a business selling alcoholic beverages. Our firm defends clients facing investigations, criminal matters, administrative hearings, or enforcement actions brought by the Idaho State Police ABC, Idaho Counties, Cities Federal regulators or the myriad of other authorities with respect to this highly regulated industry. We also have extensive experience handling litigation related to liquor law, representing clients in legal disputes and court proceedings.
Dram Shop Liability and Responsibility in Idaho
Dram shop liability is a crucial component of Idaho liquor law, placing a significant responsibility on bars, restaurants, breweries, and other establishments that serve alcoholic beverages. Under Idaho law, businesses can be held liable for injuries or damages caused by intoxicated patrons if it is found that the establishment failed to exercise reasonable care in serving alcohol. This means that if a patron is over-served and subsequently causes harm—such as a drunk driving accident or injury to another person—the business may face a dram shop claim, which can result in substantial financial consequences, including medical bills, compensation for injuries, and damage to the business’s reputation.
The Idaho State Police ABC oversees the enforcement of dram shop liability, and all related proceedings are governed by the Idaho Administrative Procedures Act. Idaho courts have consistently upheld the principle that serving alcohol comes with a duty to protect both patrons and innocent people from foreseeable harm. Establishments must be vigilant in monitoring patrons for signs of intoxication and must refuse service when necessary to comply with Idaho liquor laws and avoid enforcement actions.
For businesses, understanding and managing dram shop liability is essential. The legal landscape is complex, and the risks are significant—not only in terms of potential lawsuits and compensation claims but also in the possibility of losing valuable liquor licenses. Johnson May’s team of experienced attorneys, led by former Idaho State Police State Liquor Chief Brian Donesley, offers decades of expertise in Idaho liquor law. Our firm assists clients in Boise, Twin Falls, and throughout Idaho in developing robust policies and procedures for serving alcohol, training staff, and ensuring compliance with all relevant regulations.
Whether you operate a bar, restaurant, brewery, or any establishment involved in the sale of alcoholic beverages, Johnson May can provide the legal help you need to protect your business and your best interests. We guide clients through the intricacies of Idaho administrative procedures, help defend against dram shop claims, and work proactively to minimize the risk of enforcement actions. Our attorneys are committed to providing personalized, respectful service, ensuring that your business is equipped to navigate Idaho liquor laws with confidence.
By partnering with Johnson May, you gain access to a team that understands the unique challenges of the Idaho liquor industry and is dedicated to safeguarding your business, your licenses, and your reputation. Let us help you stay compliant, protect your patrons, and focus on what you do best—serving your community responsibly.
Why Trust Johnson May for Idaho Liquor Law Cases
Liquor law in Idaho is complicated. You do not have to figure out the regulations on your own. At Johnson May, we are committed to protecting the rights of businesses, organizations, and individuals in Boise and across the region. Attorney Brian Donesley has nearly 45 years of experience handling liquor law issues in Idaho. Indeed, as the former Idaho State Police State Liquor Chief, Idaho State Police Chief Legal Counsel, as a former State Senator from Boise on the relevant Senate Committee, and having been involved in legislative initiatives involving alcoholic beverage regulation over decades, Brian Donesley brings unrivaled expertise to liquor law matters. When you contact us, you will have an opportunity to consult with an Idaho liquor law attorney who can:
- Listen to your story and answer questions about your case;
- Gather and organize all supporting documents, records, and evidence;
- Help you with Idaho liquor application paperwork; and
- Develop a comprehensive strategy to protect your best interests.
- Interact with respect and authority with industry police, regulators, and lawmakers.
Idaho Liquor Law: Frequently Asked Questions (FAQs)
How hard is it to get a liquor license in Idaho?
While it depends somewhat on the specific situation, the process of obtaining a liquor license can be challenging in Idaho because of the state’s quota system and complicated laws. In many areas, demand exceeds supply.
Can a liquor license be transferred in Idaho?
Yes, in certain circumstances Liquor licenses can be transferred through sale or lease. But all transfers require approval from the Idaho State Police Alcohol Beverage Control (ABC) Division and the pertinent County and City. The process involves state and local-level review, input, and compliance with legal requirements. A top-tier Idaho liquor law attorney can help you navigate a transfer.
What happens if my liquor license is suspended or revoked?
A suspension or revocation can jeopardize your entire business, especially if alcohol sales are your primary revenue stream. In Idaho, licensees have the right to notice and a hearing under the Idaho Administrative Procedures Act. You have the right to notice of the nature of any administrative action, to be advised of witnesses and evidence against you and to raise a defense.
Do breweries, wineries, and distilleries face different rules in Idaho?
Yes. In Idaho, manufacturers are subject to unique licensing rules and distribution regulations that differ from those for retailers. For example, Idaho law governs how breweries can self-distribute, how wineries may operate tasting rooms, and how spirits are controlled “control state.”
Contact Brian Donesley, Our Idaho Liquor Law Attorney Today
At Johnson May, our Idaho liquor law lawyer is standing by, ready to protect your rights and your interests. If you have any specific questions or concerns about liquor law statutes or regulations in Idaho, please call us now or contact us online for a fully confidential, no obligation initial consultation. With offices in Boise and Twin Falls, we are well-positioned to handle liquor law matters in Idaho throughout the surrounding region.
