[Vision2020] The Law Is

[Michael Curley]

Mr. Roderick:

Unless you can cite us to an appropriate city code section or Idaho Code, I'm afraid I'd 
have to say that I don't think that's what the law says.  I think Idaho Code 23-303 and 
23-913 would be controlling absent some other authority.  The former DOES prohibit 
liquor stores within 300 feet of a school.  The latter prohibits a "licensee"  (a retail 
establishment authorized to sell liquor by the drink) from being given a license to 
operate in a predominantly residential neighborhood or within 300 feet of a public school 
or place of worship EXCEPT "with the approval of the governing body of the 
municipality. . ."   We had this conversation as I recall with regard to the Patty's Kitchen 
application wherein the City of Moscow was asked to give just such approval.

I am unable to immediately locate authority on the definition of "public school" as used 
in the referenced code section.

As to whether it is unfair competition--or whether it makes sense for a university that 
struggles to keep liquor out of the hands of the minors on its campus--to serve liquor on 
that very campus,  well that's a different question from whether it's technically legal to 
do so.

Regards,
Mike Curley


On 2 Mar 2005 at 11:11, cjs wrote:

The law is. "NO ALCOHOL CAN BE SOLD BY THE DRINK WITHIN 300 FEET OF A
CHURCH OR SCHOOL." Oh yeah! UoI is a school. Or is it?

Phil Roderick

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