Idaho

The Idaho State Police’s Alcohol Beverage Control (ABC) Bureau is responsible for licensing on-premise and off-premise beer and wine outlets, and enforcing state alcohol laws. Wine products and beer are distributed through private distributors in the State of Idaho. Idaho is a control state for spirits.  Spirits are only sold in state-operated liquor stores and contract retail stores that are authorized the Idaho State Liquor Division. Idaho ABC is a separate agency from the Liquor Division.

Definitions (ID Statutes Title 23 Ch. 13 Sec. 23-1303):

“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. Dessert wine as defined herein shall not be deemed to be a spirit based beverage.  Effective July 1, 2019, the Idaho definition for dessert wine is amended to add the requirement that the wines be grape-based and fortified only through the addition of wine-based spirits or brandy made from grapes. This definition does not include aromatized wines, such as vermouth, quinquina or americano. Ch. 76 (H.B. 63)

“Table wine” shall mean any alcoholic beverage containing not 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 whether or not other ingredients are added.

“Wine” includes table wine and dessert wine, unless stated otherwise.

Laws & Rules:

• Alcoholic Beverage Statutes, Title 23
• Administrative Rules Governing Alcohol Beverage Control
• Wine Tax Rules

Required: No

Out-of-State suppliers are not required to obtain a license to ship wine products to a distributor in the state of Idaho.

Required: No

Label registration and/or approval for wine products is not required. A supplier must however send the ABC an appointment letter stating the Idaho distributor they are appointing to distribute their wine. A separate letter is required for each brand.

Resources:

• ABC Reporting Site for Price Posting
• Price Posting Statute

Franchise Law: Yes

Exclusive Territories: Not Required

Please review the law in its entirety and consult legal counsel prior to taking any action.

Generally a supplier must give 90 days notice of termination, non-renewal or “substantial change in competitive circumstances” specifying reasons and giving wholesaler 90 days to cure. If the deficiency is rectified, the notice is void. The notice must state the reasons for termination; however, the statute has no general good cause or faith definitions. Where default for non-payment of product is concerned, the notice and cure period is only 20 days. Immediate termination is permitted for insolvency, assingment for benefit of creditors, bankruptcy, conviction of a felony of an alcoholic beverage related law or crime of moral turpitude or over 60 days’ license suspension or permit revocation etc.

Resources:

• Letter of Appointment Template
• ID Franchise Statute (23-1328A)

Required: No

Suppliers are not required to report sales or shipments of wine products to wholesalers.

Available: No

A salesperson’s license is not required.

License: Not Allowed

Interstate self-distribution is not permitted.

• Alcohol Beverage Control FAQ
• ABC Guidance Letter #2022-1 Wine Sampling Events
• Guidelines for Alcohol Delivery – Effective 12/2/2022
• Wine Tax – General Information