It shall not be unlawful for, nor shall section 23-943, Idaho Code, be construed to restrict, any person under the age of twenty-one (21) years from entering or being:
(1)  Upon the premises of any restaurant, as herein defined, or in any railroad observation or club car or any airplane of a commercial airline, notwithstanding that such premises may also be licensed for the sale of liquor by the drink or for the sale of beer for consumption on the premises or that alcoholic beverages, or beer, or both, are prepared, mixed or dispensed and served and consumed therein;

Terms Used In Idaho Code 23-944

  • Brewery: means a place, premises or establishment for the manufacture, bottling or canning of beer. See Idaho Code 23-902
  • Club: includes any of the following organizations where the sale of spirituous liquor for consumption on the premises is made to members and to bona fide guests of members only:
Idaho Code 23-902
  • Convention: means a formal meeting of members, representatives, or delegates, as of a political party, fraternal society, profession or industry. See Idaho Code 23-902
  • License: means a license issued by the director to a qualified person, under which it shall be lawful for the licensee to sell and dispense liquor by the drink at retail, as provided by law. See Idaho Code 23-902
  • Liquor: means all kinds of liquor sold by and in a state liquor store of the state of Idaho. See Idaho Code 23-902
  • Person: means any individual, corporation, business corporation, nonprofit corporation, benefit corporation as defined in section 30-2002(1), Idaho Code, partnership, limited partnership, limited liability company, general cooperative association, limited cooperative association, estate, unincorporated nonprofit association, statutory trust, business trust, common-law business trust, estate trust, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, any entity defined in section 30-21-102, Idaho Code, or any other commercial entity, whether conducting the business singularly or collectively. See Idaho Code 23-902
  • Plaza: means a public square, marketplace, or similar open space in a city or town. See Idaho Code 23-902
  • Premises: means the building and contiguous property owned or leased or used under a government permit by a licensee, as part of the business establishment in the business of sale of liquor by the drink at retail, which property is improved to include decks, docks, boardwalks, lawns, gardens, golf courses, ski resorts, courtyards, patios, poolside areas or similar improved appurtenances in which the sale of liquor by the drink at retail is authorized under the provisions of law. See Idaho Code 23-902
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Theater: means a room, place or outside structure for performances or readings of dramatic literature, plays or dramatic representations of an art form not in violation of any provision of Idaho law. See Idaho Code 23-902
  • Winery: means a place, premises or establishment within the state of Idaho for the manufacture or bottling of table wine or dessert wine for sale. See Idaho Code 23-902
    • (2)  In any building, a part or portion of which is used as a place, as herein defined, provided such place is separated or partitioned from the remainder of said building and access to such place through a doorway or doorways or other means of ingress can be controlled to prevent persons under the ages specified with respect thereto in section 23-943, Idaho Code, from entering therein;
    (3)  In any baseball park, sports arena, convention center, multipurpose arena, plaza, theater that is presenting live performances, or fairgrounds, notwithstanding that such premises or any portion thereof may be licensed for the sale of liquor by the drink, wine or beer for consumption on the premises or that such products are dispensed and served and consumed therein; provided, that the person under the age of twenty-one (21) years is attending a lawful activity, show, exhibition, performance or event on the premises or is required to be present as a condition of his employment. It is lawful for persons under the age of twenty-one (21) years to enter and remain in a baseball park, sports arena, convention center, multipurpose arena, plaza, theater that is presenting live performances, or fairgrounds as long as the activity, show, exhibition, performance or event is lawful and the person does not violate section 23-949, Idaho Code;
    (4)  Upon the premises of any licensed brewery or winery notwithstanding that such premises or any portion thereof may also be licensed for the sale of beer or wine for consumption on the premises or that beer or wine is dispensed and served and consumed therein;
    (5)  Upon the licensed premises of a wine retailer, wholly owned and operated by a licensed winery that retails exclusively the products of that winery;
    (6)  At a location, other than a liquor, beer, or wine licensed premises, authorized to serve alcoholic beverages under a valid alcohol beverage catering permit; or
    (7)  In any movie theater that is allowed to sell beer or wine for consumption on the premises pursuant to a valid license and which movie theater had a license that was valid and not suspended or revoked on January 1, 2006, or any other theater or movie theater built prior to January 1, 1950, and listed on the national register of historic places. No films, still pictures, electronic reproductions or other visual reproductions that are in violation of chapter 41, title 18, Idaho Code (indecency and obscenity), or are in violation of federal law regarding pornography, indecency or obscenity shall be shown or displayed on the premises. As used in this subsection, "movie theater" means a motion picture theater that is being utilized solely for exhibition of a motion picture.