Frequently Asked Questions

Disclaimer: The information provided herein is for reference use only. This information should not be construed to be a legal interpretation of Idaho Liquor Act, Title 23 or an opinion of the Idaho State Police, Alcohol Beverage Control or any of the employees of the same agencies. It is emphasized that any person needing or requesting legal interpretations should retain the services of private legal counsel. Idaho State Police and Alcohol Beverage Control and any of the employees of the same will not be held responsible for any interpreted meanings of the information provided.

General Alcohol Information

Where can I get a copy of the Idaho alcohol laws?
What is the physical and mailing address of Alcohol Beverage Control?
What are the lobby hours of Alcohol Beverage Control?
Can debit and/or credit cards be used for payment of any fees to Alcohol Beverage Control?
Does Idaho require alcohol servers to have formal server training or certification?
What are the days that liquor cannot be sold?
Can liquor-by-the-drink, beer and/or wine be sold on election days?
What are the hours of the day that I can sell liquor-by-the-drink?
What are the hours of the day that I can sell beer? Wine?
What is the legal age to consume any alcoholic beverage in Idaho?
What is the legal age to sell, serve or dispense alcohol?
What are the acceptable forms of identification that a retailer can accept when selling or serving alcohol?
Do all patrons of an alcohol licensed establishment must have a valid ID on them?
Can bartenders or servers in a licensed establishment drink alcohol while working?
May a consumer bring their own alcohol into a licensed establishment?
Can minors under 21 years of age be in a bar/lounge?
What are some of the exceptions allowing minors to be in bars?
How do I obtain a catering permit?
I am a beer manufacturer located outside Idaho. How can I distribute my beer in Idaho?
I am a wine supplier located outside of Idaho. How can I distribute my wine in Idaho?
I am a winery or a wine supplier located outside of Idaho. Can I ship my wine to Idaho consumers directly?
I have a beer and wine by the bottle license for my business. Do I need a special permit to have wine tastings?
I have a non-profit organization that wants to have a fundraiser and sell and/or serve beer and wine. What type of permit do I need?
What is the legal age to deliver beer or wine in the course of employment?
Can I infuse distilled spirits with fruits, herbs or other ingredients?
Can I give away or raffle a bottle of liquor if I have a liquor by the drink license?
Can I play poker or other games of chance in my licensed establishment?
Can I have a video slot machine (cherry master, eight-liner) in my alcohol licensed establishment?
Can patrons play games such as beer pong, pool or darts in a licensed establishment?
Can I give away free liquor to my customers if I don’t have a liquor license?
Can I give away free wine or beer to my customers if I don’t have a beer and wine license?
Do I need an alcohol license to manufacture or sell alcoholic non-beverages?
Do I need an alcohol license to manufacture or sell non-beverage food products?
Can a licensed winery have the minor exception at their remote retail location?
Can a licensed brewery have the minor exception at their remote retail location?
Can I sell bitters with a retail beer and wine license?
Can I buy beer or wine from another retailer to sell at my licensed premises?
How much liquor can I bring back to Idaho from another state for personal use?
Can I sell liquor that I own or have collected with a license?
If I am a restaurant, can I allow patrons to smoke?
I am a seasonal alcohol licensee. What do I do with alcohol product that will expire after I close and before I re-open?
Is it legal to have an all-ages club or venue?

Qualifications for Alcohol Licenses

Must I have beer on my license when I want to sell wine only?
What type of criminal offenses would prevent me from receiving an alcohol license?
I have been arrested for a misdemeanor DUI, can I still apply for an alcohol license?
Must someone be a resident of Idaho to hold a liquor-by-the-drink, beer or wine license?
My business is located outside the incorporated city limits. Can I apply for a liquor-by-the-drink license?
What are the requirements for a Direct Shipper Permit?
Must a building inspection need to be completed before I can be issued a license? How do I schedule the inspection?

Summary of Idaho Slot Machine Casino Gambling in 2019. Idaho slot machine casino gambling consists of seven tribal casinos offering video slot machines, electronic pull-tabs, and competition-style bingo machines. Some casinos also offer electronic forms of poker, keno, roulette, and blackjack. SLOT MACHINES - POSSESSION UNLAWFUL - EXCEPTION. (1) Except as otherwise provided in this section, 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. State and Federal Laws Gambler’s Paradise complies with all state and local laws pertaining to sales and distribution of casino equipment. The following chart shows to the best of our knowledge the current and correct information on the legal requirements for slot machines in the various states. Laws may change or vary from time to.

Alcohol Licensing Information

What is the cost of a beer and wine license?
What is the cost of a liquor-by-the-drink license?
What is the cost of a wholesaler/distributor/importer license?
How long does it take to process an application after it has been received by ABC?
What type of documentation and information must I submit with my application?
The license application calls for an Idaho Seller’s Permit number. What is this?
When are temporary permits issued?
I have submitted my application, is there anything that I can do to expedite the processing of my application?
How far must I be from a church or school if I have on-premises consumption on my license?
Can I fax my application into ABC for issuance of a license?
My license expires at the end of the month and I have not received my renewal application yet. How can I renew the license?
My current license has expired. How long do I have to renew the license before it is lost?
Can I pick up my license instead of it being mailed?
Can a license be faxed to me?
Can I use a copy or a fax copy of my license in lieu of an original license to operate with?
I currently hold an alcohol license to sell liquor-by-the-drink, beer and/or wine, can I go to a local retailer and purchase my alcohol to sell or serve in my establishment?
Can someone use or operate with an alcohol license issued to someone else?
How are liquor-by-the-drink licenses issued by the state of Idaho?
What does “wine by the glass” mean? What does “wine by the bottle” mean?
When must I submit new fingerprints for the processing of my application?
I have already been fingerprinted for a concealed weapons permit, teaching license, real estate license, etc. Must I be re- fingerprinted for an alcohol license?

General Alcohol Information

Question: Where can I get a copy of the Idaho alcohol laws?
Answer: The State of Idaho provides an electronic version of all Idaho alcohol laws at https://legislature.idaho.gov/statutesrules/idstat/Title23/. An electronic version of the Idaho Administrative Procedures (IDAPA Rules) can be found at http://adminrules.idaho.gov/rules/current/11/0501.pdf.

Question: What are the physical and mailing addresses of Alcohol Beverage Control?
Answer: Both the physical and mailing address of Alcohol Beverage Control is: 700 S. Stratford Drive, Ste 115, Meridian, ID 83642.

Question: What are the lobby hours of Alcohol Beverage Control?
Answer: The lobby hours of Alcohol Beverage Control are Monday through Friday, 8 am to 4:30 pm. The office will be closed all government observed holidays.

Question: Can debit and/or credit cards be used for payment of any fees to Alcohol Beverage Control?
Answer: Yes. Debit and/or credit cards can be processed. A 3% sales fee will be charged. Cash, check, cashier’s check or money orders are also acceptable forms of payment. We are unable to accept credit or debit cards for any new or license transfer applications.

Question: Does Idaho require alcohol servers to have formal server training or certification?
Answer: 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 Idaho State Police Alcohol Beverage Control training is available. Idaho State Police Alcohol Beverage Control training is not a substitute for TIPS training.

Question: What are the days that liquor cannot be sold?
Answer: 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)

Question: Can liquor-by-the-drink, beer and/or wine be sold on election days?
Answer: During 2009, the Idaho Legislature changed the law to allow the sale of liquor-by-the-drink, beer and/or wine to be sold on election days. Note: You should also check with your county and city for local ordinances. (IC 23-927)

Question: What are the hours of the day that liquor-by-the-drink can be sold?
Answer: 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)

Question: What are the hours of the day that beer and wine can be sold?
Answer: 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)

Question: What is the legal age to consume any alcoholic beverage in Idaho?
Answer: The legal age to consume or possess any alcoholic beverage in Idaho is 21 years of age. (IC 23-615)

Question: What is the legal age to sell, serve or dispense alcohol?
/nswer: 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 premise during unpaid lunch hours in licensed establishments that are not restaurants, breweries or wineries. (IC 23-949, IC 23-1013, IC 23-1325C)

Question: What are the acceptable forms of identification that a retailer can accept?
Answer: 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)

Question: Do all patrons of an alcohol licensed establishment have to have a valid ID on them?
Answer: 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)

Question: Can bartenders or servers in a licensed establishment drink alcohol while working?
Answer: 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.

Question: May a consumer bring their own alcohol into a licensed establishment?
Answer: 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.

Question: Can minors under 21 years of age be in a bar/lounge?
Answer: 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 premise during unpaid lunch hours in licensed establishments that are not restaurants, breweries or wineries. (IC 23-949, 23-943)

Question: What are some of the exceptions allowing minors to be in bars?
Answer: 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)

Question: How do I obtain a catering permit?
Answer: 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)

Question: I am a beer manufacturer located outside Idaho. How can I distribute my beer in Idaho?
Answer: 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 in an Idaho licensed location before it can be legally 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)

Question: I am a wine supplier located outside of Idaho. How can I distribute my wine in Idaho?
Answer: If you would like to be the distributor of your supplied wine to Idaho licensed retailers, you must apply for an importer and a distributor license and have a premise in Idaho to 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)

Question: I am a winery or a wine supplier located outside of Idaho. Can I ship my wine to Idaho consumer directly?
Answer: 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 and may sell and ship up to twenty-four (24) nine-liter cases of wine annually directly to a resident of Idaho, who is at least twenty-one (21) years of age, for the residents personal use and not for resale. You must register with the Idaho State Tax Commission and pay all sales and use taxes, and excise taxes on sales to residents of Idaho under the wine direct shipper permit. Forms and applications are available from the Idaho Tax Commission at http://www.tax.idaho.gov/search-formspublications.cfm?ch=beer&ch2=wine&t=tt . 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 23-1309A)

Question: I have a beer and wine by the bottle license for my business. Do I need a special permit to have wine or beer tastings?
Answer: 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 https://legislature.idaho.gov/statutesrules/idstat/Title23/T23CH10/SECT23-1019/ or for wine tastings review Idaho Code23-1325C https://legislature.idaho.gov/statutesrules/idstat/Title23/T23CH13/SECT23-1325C/. 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)

Question: I have a non-profit organization that wants to have a fundraiser and sell and/or serve beer and wine. What type of permit do I need?
Answer: You will need to apply for a non-profit permit from ABC. 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 product purchased by your organization at your event. (IC 23-1336, IC 23-1007A)

Question: What is the legal age to deliver beer or wine in the course of employment?
Answer: 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)

Question: Can I infuse distilled spirits with fruits, herbs or other ingredients?
Answer: We are aware of the increasing trend of bars and restaurants infusing distilled spirits with fruits, herbs, and other nonalcoholic ingredients in order 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 regulation. Liquor must be sold by the drink from the original container when it’s ordered by the consumer. (IC 23-507, IC 23-602, IC 23-921)

Question: Can I give away or raffle a bottle of liquor if I have a liquor by the drink license?
Answer: 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 than by retail sale by the drink. (IC 23-921)

Question: Can I play poker or other games of chance in my licensed establishment?
Answer: 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. 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)

Question: Can I have a video slot machine (cherry master, eight-liner) in my alcohol licensed establishment?
Answer: 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)

Question: Can patrons play games such as beer pong, pool or darts in a licensed establishment?
Answer: 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 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.

Question: Can I give away free liquor to my customers if I don’t have a liquor license?
Answer: 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)

Question: Can I give away free wine or beer to my customers if I don’t have a beer and wine license?
Answer: 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)

Question: Do I need an alcohol license to manufacture or sell alcoholic non-beverages?
Answer: 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, although they contain as one of their ingredients alcoholic liquor. A non-beverage is considered to be a non drinkable product. (IC 23-504)

Question: Do I need an alcohol license to manufacture or sell non-beverage food products?
Answer: Idaho considers some food products with alcohol in it to be a non-beverage food product. However, 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. You may contact the TTB Regulations and Rulings Division at RegulationsInquiries@TTB.gov. A food handling health permit from Idaho District Health http://www.idahopublichealthdistricts.org/ may also be required and recommend you contact them for further guidance and licensing requirements.
A non-beverage food product is something a person eats (not drinks) and that contains a small amount of alcohol. Examples include candy, cake, chocolate, sauces, ice cream, pastries, condiments, cookies, jam, and jelly. You must determine the alcohol content of the final product. If you’ve not done so already, use a company to help you make this determination. (ISPABC does not determine the alcohol content of a non-beverage food product or make a recommendation regarding which company to use).
If the alcohol content of the final product is equal to or less than one-half of one percent of alcohol by volume (.50% ABV), the product is considered “nonalcoholic” and may be treated as such. This means no license from the ISPABC is needed to make it, distribute it, or sell it. If the non-beverage food product exceeds one-half of one percent alcohol by volume (.50% ABV), a liquor, beer or wine license is required to manufacture, distribute, or sell at retail. ISPABC follows the Federal Alcohol and Tobacco Tax and Trade Bureau’s (TTB) guidelines as non-beverage food products are not clearly addressed in Idaho Code. If the non-beverage food product exceeds one-half of one percent alcohol by volume (.50% ABV) those under the age of 21 are prohibited from consuming or possessing the alcohol non-beverage food product. The non-beverage food product must have a label. The label must allow the customer to readily see that the product contains alcohol as one of the ingredients. Examples of this include a label on each individually wrapped item or a label in a display case referencing a group of items. The label must clearly reflect the alcohol content by weight or volume. The label must clearly indicate that the product may not be sold to a person under 21 years of age if required.

Question: Can a licensed winery have the minor exception at their remote retail location?
Answer: 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)

Question: Can a licensed brewery have the minor exception at their remote retail location?
Answer: No. There is no minor exception for a breweries remote retail location even if they are only exclusively selling their products. The entrance doors to the licensed premise would have to be posted to prevent those under the age of 21 from entering. (IC 23-944)

Question: Can I sell bitters with a retail beer and wine license?
Answer: 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.

Question: Can I buy beer or wine from another retailer to sell at my licensed premises?
Answer: 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)

Question: How much liquor can I bring back to Idaho from another state for personal use?
Answer: 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)

Question: Can I sell liquor that I own or have collected without a license?
Answer: No. Any person who sells or keeps for sale any liquor without a license shall be guilty of a felony. (IC 23-938)

Question: If I am a restaurant, can I allow patrons to smoke?
Answer: 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 from all parts of the restaurant by solid floor to ceiling walls. The bar portion should have separate outside public entrances that is 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 age 21 from entering. Smoking is prohibited by some municipalities in a bar or a restaurant. You should check with your local jurisdiction. (IC 39-5503, IDAPA 16.02.23.010.02)

Question: I am a seasonal alcohol licensee. What do I do with alcohol product that will expire after I close and before I re-open?
Answer: If you are open less than two (2) months and no more than (9) months of each year, prior to its period of closure, it is apparent that product will become outdated or spoiled before the date of re-opening, a wholesaler/distributor may remove product from the retailer’s premises and may give a 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)

Question: Is it legal to have an all-ages club or venue?
Answer: 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 predominate 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)

Qualifications for Alcohol Licenses

Question: Must I have beer on my license when I want to sell wine only?
Answer: Yes, in order to qualify for any wine license, you must first meet all the qualifications and be issued a beer license. Play captain calamari slot machine online. Meeting the qualifications for and being issued a beer license is done simultaneously with a wine license. Beer is the minimum required retail endorsement. (IC 23-1001, IC 23-1002)

Question: What type of criminal offenses would prevent me from receiving and/or keeping an alcohol license?
Answer: A person is not qualified to have an alcohol license if within three years prior to making application they have been convicted of any law of Idaho, any other state of the United States regulating, governing or prohibiting the sale, manufacture, transportation or possession of alcoholic beverages or intoxicating liquors or forfeited any bond for failure to appear for any such charges. A person is also not qualified to have an alcohol license if within five years prior to making application they have completed any term of sentence, received a withheld judgment or paid any fine for any felony conviction. The date starts from the date they were released from confinement or completed parole or probation as part of their sentence. These same convictions would also prevent a person from keeping an alcohol license after the license has been issued to them. (IC 23-1005, IC 23-910, IC 23-1307, IC 23-1308)

Question: I have been arrested for a misdemeanor DUI, can I still apply for an alcohol license?
Answer: Yes, being convicted of a misdemeanor DUI will not prevent you from applying for an alcohol license. Note: The Court may impose additional penalties if you currently hold an alcohol license.

Question: Must someone be a resident of Idaho to hold a liquor-by-the-drink, beer or wine license?
Answer: No, residency is not required to hold an alcohol license.

Question: My business is located outside the incorporated city limits. Can I apply for a liquor-by-the-drink license?
Answer: Incorporated city liquor licenses can only be issued to premises located within the incorporated city limits of the city. To have a liquor license outside the incorporated city limits, you must qualify for a specialty liquor license. An example would be a cross country ski resort, ski resort, golf course, waterfront resort, racing facility, or theme park. (IC 23-903)

Question: What are the requirements for a Direct Shipper Permit?
Answer: Only a licensed winery located outside of Idaho can apply for a Direct Shipper Permit. Forms and applications are available from the Idaho Tax Commission at http://tax.idaho.gov/forms_permits.htm. A Direct Shipper permit is $50.00 for a new license and $25.00 annually to renew. (IC 23-1309)

Question: Must a building inspection need to be completed before I can be issued a license? How do I schedule the inspection?
Answer: Yes, a building inspection must be completed before ABC can issue a license. Every attempt is made to have the inspection completed as close to the opening date as indicated on the application as possible. An ISP Detective will contact you to schedule a time or you may call ABC at 208-884-7060 to schedule an inspection once construction is at or near completion. (IC 23-907)

Alcohol Licensing Information

Question: What is the cost of a beer and wine license?
Answer: A beer license costs $50 per year. A wine by the bottle (wine to go) license costs $100 per year. A wine by the drink (wine for on-premises consumption) license costs $100. A keg-to-go license costs $20 per year. There is no fee for on-premises consumption, restaurant or growler endorsement. For the transfer of a beer and wine license, the fee is $20 per license type currently issued. New license types are charged at the full annual fee.
NOTE: The first licensed year may not be a full year. Refer to IDAPA 11.05.02.011.03 for information on license by county expiration dates. (IC 23-1014, IC 23-1315)

Question: What is the cost of a liquor-by-the-drink license?
Answer: The fees for new liquor-by-the-drink licenses are determined by the population of the city they are issued for. For a transfer of a license through a lease agreement, the fee is ½ the annual renewal fees of the liquor-by-the-drink license, plus $20 each for the beer and keg-to-go license. For a transfer of a license through a purchase of the license, the fee is 10% of the purchase price or fair market value of the license (goodwill), whichever is greater, plus $20 each for the beer and keg-to-go license. NOTE: The first license year may not be a full year. Refer to IDAPA 11.05.02.011.03 for information on license by county expiration dates. (IC 23-904, IC 23-908)

Question: What is the cost of a wholesaler/distributor/importer license?
Answer: The fee for a wholesaler/distributor/importer license is $300 each, per license year.
NOTE: The first licensed year may not be a full year. Refer to IDAPA 11.05.02.011.03 for information on license by county expiration dates. (IC 23-1014, IC 23-1315)

Question: How long does it take to process an application after it has been received by ABC?
Answer: Idaho law allows for up to ninety (90) days for ABC to process and investigate any application and applicant. The actual time varies by licensee, application type submitted and current workload of ABC. Applications are processed on a first-come-first-served basis. (IC 23-907)

Question: What type of documentation and information must I submit with my application?
Answer: Refer to the appropriate license application (liquor, beer and wine, wholesale, etc.) and the attached instruction sheet for information on all that must be submitted with your application. (IC 23-905)

Question: The license application calls for an Idaho Seller’s Permit Number. What is this?
Answer: A Seller’s Permit number is a number issued by the Idaho Tax Commission. This is a separate number from a tax identification number or employer identification number. This number is used to report Idaho sales taxes to the Idaho Tax Commission. You can reach the Idaho Tax Commission at 208-334-7660

Question: When are temporary permits issued?
Answer: Temporary permits are issued for transfers and endorsement modifications only and will be issued upon the determination of Alcohol Beverage Control after a transfer/modification application has been submitted and reviewed. (IC 23-908)

Question: I have submitted my application, is there anything that I can do to expedite the processing of my application?
Answer: No. All applications are processed on a first-come-first-serve basis. Priority will not be given to any application. If you would like a faster return on the mailing of your license, you may enclose a prepaid, self-addressed express envelope with your application. (IC 23-907)

Question: How far must I be from a church or school if I have on-premises consumption on my license?
Answer: There must be at least 300 feet from the property line of the church or public school to the nearest entrance of the establishment. The city or county that has jurisdiction may issue a special use permit that would waive this restriction. This law does not apply to private schools. (IC 23-913, IC 23-1011B, IC 23-1307)

Question: Can I fax my application into ABC for issuance of a license?
Answer: Faxed applications will not be accepted and processed. ABC must receive the original application with original signature(s) and notarization before the application will be accepted and processed. (IC 23-905)

Question: My license expires at the end of the month and I have not received my renewal application yet. How can I renew the license?
Answer: Renewal applications are mailed out eight weeks prior to the expiration date of the license to the last mailing address on file as indicated on the last renewal/application. If you have not received the application within the eight week time frame, contact ABC for a new application to be sent to you.

Question: My current license has expired, how long do I have to renew the license before it is lost?
Answer: After a license has expired, the licensee has a 31-day grace period to complete the renewal process. If the license has not been renewed before the 31-day grace period expires, the license will be lost and not renewable.
Note: During the 31-day grace period, alcohol cannot legally be sold, served or dispensed on the premises. (IC 23-908, IC 23-1010)

Question: Can I pick my license up instead of being mailed?
Answer: Yes, licenses can be picked up in the lobby of Alcohol Beverage Control after 8 am the following business day after a license is issued. Prior arrangements will need to be made with Alcohol Beverage Control so the license will be held for pick-up instead of being mailed.

Question: Can a license be faxed or emailed to me?
Answer: No, licenses will not be faxed or emailed. You must prominently display the signed original state, city, and county (if applicable) license before selling, serving or dispensing alcohol. (IC 23-908)

Question: Can I use a copy or a fax copy of my license in lieu of an original license to operate with?
Answer: No, copies are not to be used to sell alcohol. The signed original state license must be prominently displayed at all times. Contact Alcohol Beverage Control on how to obtain a duplicate license. (IC 23-908)

Question: I currently hold an alcohol license to sell liquor-by-the-drink, beer and wine, can I go to a local retailer and purchase my alcohol to sell or serve in my establishment?
Answer: No, all Idaho retailers must purchase liquor from the Idaho State Liquor Division. Beer and wine must be purchased from an Idaho licensed brewery, winery, wholesaler (beer) or distributor (wine). Note: Costco Wholesale is not an alcohol wholesaler. (IC 23-1055, IC 23-1313, IC 23-914)

Question: Can someone use or operate with an alcohol license issued to someone else?
Answer: No, only the person or entity listed on the printed license may exercise any of the privileges of the license. Management Agreements are not acceptable to allow a person or entity to sell alcoholic beverages using a license issued to another. (IC 23-903, IC 23-908)

Question: What does “wine by the glass” mean? What does “wine by the bottle” mean?
Answer: Wine by the glass is a license type that allows wine to be sold on the premises and consumed on the premises. Wine by the bottle is a license type that allows wine to be sold on the premises but consumed off premises. Wine by the bottle may be consumed on the premises if the retailer is endorsed for on-premise consumption and wine by the glass. (IC 23-1303)

Question: How are liquor-by-the-drink licenses issued by the State of Idaho?
Answer: Incorporated City Liquor-by-the-drink licenses are issued once a year based on the population of the incorporated city. Specialty liquor licenses are issued to qualified premises. (IC 23-903, IC 23-904, IC 23-905, IC 23-906, IC 23-908, IC 23-910)

Question: When must I submit new fingerprints for the processing of my application?
Answer: New fingerprints may be requested for various reasons. Generally, if a person has submitted fingerprints within the last three years and are applying for the same type of license new fingerprints may not be required. If you currently have a beer/wine license and are applying for a liquor license, new fingerprints must be submitted regardless of when you submitted fingerprints for the beer/wine license.
Note: The Federal Bureau of Investigation is currently reviewing their policies of when to require new fingerprints. Once a policy has been issued, ABC will make all attempts to comply with these policies and this information will be updated, if necessary. (IC 23-907)

Question: I have already been fingerprinted for a concealed weapons permit, teaching license, real estate license, etc. Must I be re-fingerprinted for an alcohol license?
Answer: Yes, due to federal privacy laws governing the dissemination of criminal histories, even though you have already been fingerprinted for another agency, licensing purpose or other requirement, you must still be fingerprinted for an alcohol license. (IC 23-907)

The patchwork of statutes, constitutional amendments and regulations which
forms Idaho’s gambling laws can be confusing – even for lifelong residents of
the state.

Commercial casinos are banned, but you’ll find seven such establishments
operating around the clock – on federally recognized tribal lands, of course.
Playing poker in any form puts you on the wrong side of the law, and yet, the
Idaho Lottery readily advertises poker-based scratch card products. Despite the
mounting trend toward abolition of animal racing, Idaho steadfastly clings to
both the thoroughbred and greyhound industries.

All things considered, figuring out what you can and cannot wager money on
when on Idaho soil can be vexing to say the least.

This page has been assembled to provide readers with a clear and concise
introduction to Idaho’s various laws on gambling games. We’re no lawyers, mind
you, just gambling enthusiasts with an interest in seeing every state treat its
players fairly and with respect.

Whether you enjoy a soothing session spent spinning the slots, doubling down
to take on a dastardly dealer or heading online to enjoy poker, table games and
other casino classics from the comfort of home – knowing the law is a key
component to success.

After all, dragging a massive pot at your local poker club, only to see the
police swoop in and confiscate your winnings – would be a serious drag. The same
goes for a life-changing jackpot won on DraftKings, FanDuel or any number of
gambling activities that Idaho currently deems illegal.

Until a federal law is passed to standardize gambling laws nationwide,
Americans are subject to 50 distinct interpretations of gambling law – and Idaho
is simply one piece to that puzzle. For the tens of thousands of Idahoans who
wish to learn more about their gambling rights, the letter of the law holds the
secret to what is and isn’t permissible.

Read on to discover exactly what constitutes a legal wager in the Gem State,
and why, with our comprehensive guide to gambling in Idaho.

Online Gambling and Idahoan Law

For folks in Idaho – or any Americans living outside of Nevada, New Jersey
and Delaware for that matter – knowing whether or not online gambling is a crime
can be difficult indeed.

We’ll tackle that topic in the first entry below, but before we do, let’s
address the factors that you should be searching for in a site. As a player,
your unique combination of knowledge and instinct will always stand as the last
line of defense, so be sure to know what you’re looking for.

The world of online gambling sites spans the spectrum from global online
poker rooms like PokerStars, to the DFS big boys of DraftKings and FanDuel, and
literally thousands of smaller casino, slot, bingo and specialty game providers
in between. Navigating that world can be treacherous for the uninitiated,
especially when deposits made with real dollars are on the line.

Your job is to be selective with your decision making, sifting through the
seemingly endless stream of sites to locate the best of the bunch. Doing so can
be a subjective matter, as your favorite platform may not be ours, but the most
reputable providers out there all have a few things in common.

First and foremost, the best online gambling sites have a proven track
record. Think of them like an eBay seller or restaurants on Yelp – and use
ratings generated by real customers. Online gamblers have never been known as a
shy crowd, so if a site is out there stiffing players on withdrawals, scheming
to take away bonus funds or otherwise acting shadily, the internet will know
about it.

The reams of reviews posted online are your best ticket, but don’t get
carried away by the complaint sections either. Losing players love blasting a
site on their way out of the door. Use your discretion and read between the
lines, so to speak. If somebody is posting a valid complaint about withdrawal
waiting periods – rather than “this game is rigged” nonsense – you’ll know their
issues don’t stem directly from a run of bad luck.

Other important factors to look for when scanning online gambling site
reviews include low playthrough wagering requirements to unlock bonus funds, a
multitude of banking options for deposits and withdrawals, licensing by a
recognized regulatory agency and several years or decades in the industry.
That’s why we prefer to use sites like those listed above, as they’ve all been
in the business for a while now, carefully crafting reputations for excellence
among the notoriously hard to please online gambling community.

Is Online Gambling Legal in Idaho?

Under the provisions of the Unlawful Internet Gambling Enforcement Act
(UIGEA) of 2006, the federal government moved to ban online poker, casino games,
slot machines and the like. The UIGEA is still the law of the land today, but it
relied on an older law known as the Wire Act of 1961 – which prohibited people
from placing sports betting wagers via the telephone.

At the time, the Department of Justice (DOJ) held that the Wire Act applied
to online gambling, as most internet connections utilized dial-up telephone
services at the time. But by 2011, with the gap between traditional phones and
the internet growing wider by the day, the DOJ issued a revised interpretation
of the Wire Act – one which stated that the law only applied to sports betting.

In an instant, individual states were granted the right to regulate their own
online poker and casino game industries – an invitation which Nevada, New Jersey
and Delaware acted upon in 2013. Since then, online gambling has flourished into
a fully legal, regulated and taxed industry in those three states – while
remaining outlawed in the other 47 jurisdictions.

Even so, the UIGEA was written to target online gambling operators – and not
players. As the law is constructed, playing online gambling games is not a
crime, only conducting business related to such games.

As such, American players have spent the last decade bringing their bankrolls
to the handful of offshore online gambling platforms which choose to serve the
U.S. market in spite of the UIGEA. You’ll learn more about those offshore
operators in the next entry, but for now, just know that Idahoans interested in
online gambling have no other options on the table. Despite the rush of
legislation being introduced to regulate online gambling – highlighted by the
momentum seen in states like Pennsylvania, New York, Massachusetts and Illinois
in recent years – Idaho has introduced no such proposals. One reason for the
lack of activity on the online gambling front in Idaho may be the state’s
Constitution, which is rather strict when it comes to all forms of wagering.

According to a 1992 amendment added to Article III, Section §20(1)-(3) of the
Idaho Constitution, online gambling may very well be explicitly outlawed there
(emphasis added):

“No activities permitted by subsection (1) shall employ any form of casino
gambling including, but not limited to, blackjack, craps, roulette, poker,
baccarat, keno and slot machines, or employ any electronic or electromechanical
imitation or simulation of any form of casino gambling.”

From the look of things, gambling via your computer, laptop or mobile device
very well constitutes the commission of a crime under Idaho law. With that said,
no records of any arrests or fines associated with online gambling in Idaho –
from the player’s side of the spectrum – can be found. That would lead one to
reasonably believe that while online poker rooms, casinos and slot parlors are
surely not legal under the state’s strict laws, playing on them is not
punishable either.

Are Offshore Gambling Sites Safe?

Yes. Also… no.

As with any question about the gambling industry and integrity, deciding
whether or not an online gambling platform deserves your business is a touchy
subject.

A simple search on Google will show you that many online gambling operators
are far from reputable, as players routinely report delayed payouts, missing
bonus funds and other shenanigans. Complaint boards have been established
specifically for online gamblers, and the internet is littered with tales of
stolen jackpots, cheaters plying their trade and in the worst cases – sites that
simply up and vanish with player funds in tow.

On the other hand, tens of millions of Americans log on and fire up their
online poker, slot, casino and DFS accounts each and every day – so it stands to
reason that plenty of people are not being ripped off.

That’s the truth of it, as any industry would be doomed from the start if all
providers were actively defrauding their customers.

In reality, the online gambling industry is just like its brick and mortar
counterpart in many respects – right down to the ratio of respectable operators
to bad apples. The thing is, when the internet is concerned, the vocal minority
is always heard first and foremost.

The only reason sites like the ones we recommended have been in business for so
many years, and even decades, is their respective reputations. By diligently
ensuring that all withdrawals are paid in a timely manner, handling customer
complaints with aplomb and constantly staying at the forefront of security and
game integrity, these platforms have set themselves apart from the pack.

The ancient maxim of caveat emptor – or “buyer beware” – still holds legal
precedence to this day. Those words matter more in the online gambling industry
than most others, simply due to the lack of regulation caused by the UIGEA’s
draconian approach.

If you find yourself wondering whether a specific online gambling site is
safe, perform your due diligence first and foremost. Check with fellow players
through review aggregation sites, confirm that their licensing and accreditation
is legitimate and most importantly, take your time doing so.

When you’ve read up and researched on all there is to know about a particular
platform, the evidence for its reliability – or lack thereof – will be right
there for all to see.

Can I Be Arrested for Gambling Online in Idaho?

See the first question for more detail, but this is a “splitting hairs”
scenario if we ever saw one.

Champagne casino no deposit bonus. They're not tied to specific games.

In other words, you could get arrested for gambling online in Idaho, but you
almost surely won’t be. The state’s laws make illegal gambling, online or
otherwise, a misdemeanor offense – but no Idahoan has ever been prosecuted for
their online gambling play.

More Gambling Laws in Idaho

• Casino Gambling: (Illegal – Commercial)
• Tribal Gambling: (Legal)
• Poker: (Illegal)
• Horse Racing Betting: (Legal)
• Dog Racing Betting: (Legal)
• Lottery: (Legal)
• Bingo: (Legal)
• Daily Fantasy Sports: (Illegal)
• Charitable Gaming: (Legal)
• Social Gambling: (Illegal)

Chief among the state’s gambling laws is Section §18-3801 of the Idaho
Statutes, which defines gambling under the following terms:

“‘Gambling’ means risking any money, credit, deposit or other thing of value
for gain 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, the operation of casino gambling including, but not limited to,
blackjack, craps, roulette, poker, bacarrat [baccarat] or keno, but does not
include:

(1) Bona fide contests of skill, speed, strength or endurance in which awards
are made only to entrants or the owners of entrants.”

Article III, Section §20(1)-(3) of the Idaho Constitution effectively limits
the state’s legal gambling avenues to the lottery, pari-mutuel racing and bingo
or raffle games when played for charity:

“(1) Gambling is contrary to public policy and is strictly prohibited except
for the following:

a. A state lottery which is authorized by the state if conducted in
conformity with enabling legislation; and

b. Pari-mutuel betting if conducted in conformity with enabling
legislation; and

c. Bingo and raffle games that are operated by qualified charitable
organizations in the pursuit of charitable purposes if conducted in conformity
with enabling legislation.

No activities permitted by subsection (1) shall employ any form of casino
gambling including, but not limited to, blackjack, craps, roulette, poker,
bacarrat, keno and slot machines, or employ any electronic or electromechanical
imitation or simulation of any form of casino gambling.”

The penalties for illegal gambling, a misdemeanor offense, are codified under
Section §18-3802 of the Idaho Statutes:

“(1) A person is guilty of gambling if he:

(a) Participates in gambling; or

(b) Knowingly permits any gambling to be played, conducted or dealt
upon or in any real or personal property owned, rented, or under the control of
the actor, whether in whole or in part.

(2) Gambling is a misdemeanor.”

Crucially, subsection (b) specifically outlaws the provision of gambling
games on one’s own property, thus making “social gambling” activities like home
poker games and sports game pools illegal.

The genesis for Idaho’s current status, in which ostensibly illegal slot
machines can now be found by the thousands in tribal casinos, stems from the
2002 passage of Initiative 1, the Idaho State-Tribal Gambling Compact
Initiative. After 57.8 percent of voters supported the measure, tribal casinos
were permitted to spread video gaming machines (VGMs) that closely mimic slot
machine gameplay – aside from a few crucial tweaks in appearance:

“Gaming machines used by Indian tribes which are not activated by a handle or
lever, do not dispense coins, currency, tokens or chips, and which perform only
certain defined functions, and defining such machines as neither slot machines
nor imitations or simulations of any form of casino gaming.”

As the introduction of, and warm reception to, the VGM addition has proven,
Idaho is amenable to reform when it comes to gambling law expansion. With that
in mind, make your voice heard and keep the pressure on local legislators to
take up issues like poker rooms, DFS and online gambling whenever the
opportunity arises – because progress depends on people.

Gambling Venues in Idaho

Thanks to the passage of the Indian Gaming Regulatory Act (IGRA) by Congress
in 1988, and the subsequent petition for tribal gaming compacts by the Coeur
d’Alene, the Kootenai and the Nez Perce tribes – Idaho is home to seven tribal
casinos today.

These venues are spread from the state’s northern panhandle (Coeur D’Alene
Casino) to the eastern corner’s I-15 corridor (Bannock Peak Casino, Fort Hall
Casino, and Sage Hall Casino), so residents in all areas have relatively easy
access to the action.

We’ve created capsules for all seven Idaho casinos to get your started on
your journey, complete with opening date, slot machine count, address, contact
information and website URL. Without further ado, take a look below for the
grand tour of Idaho’s thriving casino industry:

1) Bannock Peak Casino

1707 E County Rd,

Pocatello, ID 83204

Telephone: (208) 235 – 1308

2) Clearwater River Casino & Hotel

17500 Nez Perce Highway,

Lewiston, ID 83501

Telephone: (208) 746 – 0723

3) Coeur D’Alene Casino

37914 South Nukwalqw,

Worley, ID 83876

Telephone: (800) 523 – 2464

4) Fort Hall Casino

Simplot Rd,

Fort Hall, ID 83203

Telephone: (208) 237-8774

5) It’se-Ye-Ye Casino

419 Third Street,

Kamiah, Idaho 83536

Telephone: (208) 935 – 1638

6) Kootenai River Inn Casino & Spa

7169 Plaza St.,

Bonners Ferry, ID 83805

Telephone: (208) 267-8511

Idaho Slot Machine Laws Game

7) Sage Hill Travel Center & Casino

Interstate 15, Exit 80,

Blackfoot, ID 83203

Telephone: (208) 785 – 0194

Gambling isn’t limited to casinos in Idaho, so check below for information on
the state’s two major off-track betting (OTB) locations:

1) Sage Hill Travel Center & Casino

5100 Riverbend Ave,

Post Falls, ID 83854

Telephone: (800) 828 – 4880

2) Sandy Downs Racing, Inc.

6855 S 15th E,

Lossest slot machines in ms. Idaho Falls, ID 83401

Telephone: (208) 529 – 0671

History of Gambling in Idaho

Idaho enacts its first state Constitution, which includes clear language to outlaw wagering on lottery games.

With no laws on the books to ban slot machines, the “one-armed bandits” become widely popularized across the state.

A new statute is added to the law which specifically exempts slot machines from the lottery prohibition.”

A ruling by Idaho Supreme Court renders slot machines unconstitutional, and Section 18-3804 is added to the Idaho Code, officially making slots illegal for the first time.

The original Horse Racing Act is approved by the Idaho Legislature, but Governor Robert Smylie immediately exercises his veto power to block the bill from becoming law.

The second Horse Racing Act is passed, and this time Governor Smylie signs it into law under section 54-2501 of Idaho Code, thus establishing the Idaho State Racing Commission as the regulatory body in charge in charge of pari-mutuel horse racing within the state.

Senate Bill 1471 is passed by the Idaho Legislature in March, sending the Lottery Creation Act to voters under public reerendum which is later approved in November.

The passage of the Indian Gaming Regulatory Act (IGRA) by Congress grants any federally recognized Native American tribe to sign gaming compact agreements with the state’s housing reservation lands.

A trio of federally recognized tribal organizations in Idaho – the Coeur d’Alene, the Kootenai, and the Nez Perce – begin the petition process to create the state’s initial tribal gaming compacts as part of the IGRA. At the time, each tribe sought access to Class III gaming – which the IGRA uses to cover casino games such as blackjack, baccarat, roulette, and slot machines – along with the standard Class I and II gaming services like charity raffles, bingo halls, and pull-tab lottery cards apportioned to tribes.

The debate over Class III gaming compels Idaho lawmakers to authorize an amendment to the state Constitution [Idaho Const. Art. III 20(1)-(3))], which explicitly makes any Class III gambling illegal. This amendment effectively confines legal gambling in Idaho to the state lottery, pari-mutuel races, and charity-based bingo or raffle contests. Despite repeated attempts to challenge the law, this amendment served to block Idaho’s tribes from spreading Class IIII casino games despite the federal implications of the IGRA.

Voters were asked to settle the Class IIII gaming debate once and for all, with the when Initiative 1, the Idaho State- Tribal Gambling Compact, was put to public referendum. After 57.8 percent of voters cast ballots in favor of passage, tribal casinos in Idaho were given the right to spread so-called video gaming machines (VGMs), provided they didn’t accept coins, use pull levers, or include any resemblance to traditional slot machine gameplay.

A simulcasting law is passed, enabling Idahoan horseracing enthusiasts to place wagers on races without actually attending the racetrack.

Bill No. 220 is passed by allowing bettors to wager on historical races. Using machines that mimic slots in many ways, these historical races concealed identifying information, thus turning the wager into a random game of chance.

The Coeur d’Alene tribe is blocked from building a poker room within its casino by a state court. After attempting to open a six-table poker room in May, the tribe was taken to court by the state almost immediately for violating Idaho’s longstanding ban on the game. In 2015, the 9th Circuit U.S. Court of Appeals ruled in favor of the state, turning Idaho into a “no-mans land” for poker players.

Bill No. 1011 is passed by the Idaho Legislature, repealing the 2013 law allowing for historical horse racing via machines. Upon learning that these machines looked and felt just like Las Vegas-style slot machines, many lawmakers stated that they had been tricked or deceived by the original law’s vague language.

DraftKings and FanDuel agree to restrict access to Idahoans, having reached an agreement with Idaho Attorney General Lawrence Wasden.

Idaho Gambling FAQ

The best way to learn about any subject involves asking questions, and not
just listening to answers, but applying them.

For a subject so complex as gambling laws for a specific state, you’ll likely
be left wondering about many aspects of the lesson long after it’s been taught.
Whether you’re a proud Idahoan who wants to know more about their own gambling
rights, or a visitor to spud country looking to stay on the right side of the
law, these three questions might be on your mind at the moment – so we’ll do our
best to answer them below:

I can understand states that are strict about casino-style gambling against the house, but would Idaho authorities really frown on the poker game I host at home every weekend?

We can’t say for sure whether they will, but the precedent has been set for
Idaho to prosecute so-called “social gambling” activities.

Laws in most states that ban casinos allow individuals to participate in
small-stakes wagers between one another – which is why home poker games, bingo
nights at the old-folks home and sports bets like March Madness office pools
have become so popular nationwide.

Even when the law itself prohibits social gambling, local police departments
and prosecutor’s offices seldom have the willpower – or resources – to punish
people for having a little fun.

Idaho is a different animal, however, and under Section §18-3802 of the Idaho
Statutes, a person who commits the following “crimes” is considered to be guilty
of a misdemeanor offense:

“(a) Participates in gambling; or

(b) Knowingly permits any gambling to be played, conducted or dealt upon or
in any real or personal property owned, rented, or under the control of the
actor, whether in whole or in part.”

Many states have similar language on their books, but Idaho is rare in that
it actively enforces the law in seemingly every circumstance. Poker clubs formed
among friends, weekly home games contested by families and even retirement
communities using bingo prizes to pass the time have all been raided by local
authorities.

See for yourself by running a search for your favorite card game, along with
“Idaho + arrest,” and you’ll return several stories that show Idaho is dead
serious about its ban on social gambling.

Most states are allowing real money wagers on daily fantasy sports (DFS), but I’ve heard Idaho is still blocked… is that true?

Today, Idaho occupies a state of DFS purgatory along with nine other states
(Arizona, Alabama, Hawaii, Iowa, Louisiana, Montana, Nevada, Delaware and
Washington).

According to Wasden’s interpretation of Idaho law, DFS played for real money
constitutes illegal gambling:

“The concern I have is that the paid daily sports offerings provided by these
companies constitute gambling under Idaho law. I have a duty to enforce and
uphold that law. I commend the companies for negotiating in good faith and
agreeing not to make these contests available in Idaho.

Idaho defines gambling, in part, as risking money or other thing of value for
gain that is contingent in whole or part upon chance or the outcome of an event,
including a sporting event. My concern is that the daily fantasy sports
offerings my office reviewed require participants to risk money for a cash prize
contingent upon individual athletes’ collective performances in various future
sporting events.

As I see it, this falls within Idaho’s definition of gambling.”

The official opinion was issued after three months spent negotiating with
representatives for DraftKings and FanDuel – both of which then voluntarily
elected to restrict real money contests to anybody connecting from an
Idaho-based IP address.

DFS remains illegal under Idaho law as of the time of this writing (July
2017), and no major operator allows Idahoans access to their platforms for the
purposes of real money wagering.

Question 3: I seem to remember one of Idaho’s tribal casinos adding a poker room some time back, but this page says poker is illegal in the state… so what gives?

Your memory serves you well, as the Coeur d’Alene tribe did indeed open a tiny poker room featuring six tables of Texas holdem action.

That was back in May of 2014, but within days of the room’s debut, Idaho authorities filed a lawsuit seeking an injunction against the tribe. The debate stemmed from the divide over how poker should be classified – either as a game of skill or a game of chance.

Section §18-3801 of the Idaho Statutes includes the following exemption, which protects certain games from being banned as gambling:

Idaho Slot Machine Laws 2020

“(1) Bona fide contests of skill, speed, strength or endurance in which awards are made only to entrants or the owners of entrants.”

As the Coeur d’Alene tribe contended, poker is widely regarded as skill-based, with several prominent court rulings deeming a player-banked game which is dependent on player decisions to be a game of skill – and thus legal under the letter of the law.

Eventually, the tribe was forced to take its appeal to the 9th Circuit U.S. Court of Appeals, but that body ruled in favor of the state to effectively end the debate over live poker’s legal status in Idaho.

Additional Resources

We worked hard to give readers a thorough introduction to the laws governing
gambling in Idaho, but it never hurts to add a little outside research to the
equation.

With that in mind, we’ve located four links which should prove to be helpful
as you continue your Idaho gambling law tutelage:

Chapter 38 of the Idaho Statutes
covers “Gambling” crimes and their related
punishments, with Section §18-3801 defining gambling itself, Section §18-3802
outlining the prohibited forms of gambling, Section §18-3809 addressing
bookmaking, pools and sports betting and Section §18-3810 covering the slot
machine ban.

The Coeur d’Alene Press published this detailed look back at Idaho’s gambling
law timeline in 2015, which comes complete with the newspaper’s “insider” view
into the political machinations behind each major shift and reform.

Published by Ph.D. historian J.M. Neil of The Blue Review, this deep dive
into Idaho’s frontier days describes the phenomenon known as “foot-wide towns” –
or tiny enclaves set up just outside of Boise city limits to escape historical
gambling bans – will transport you to different era. The true story of Garden
City and its rise from slot-machine front to prosperous locale, provides a
telling glimpse into Idaho’s modern aversion to most forms of gambling.

The Future and Your Views

Shortly after the DOJ issued its revised opinion on the Wire Act – thus
paving the way for states to enact their own online gambling laws – the Idaho
Freedom Foundation published a report entitled, “Feds give OK to online
gambling, but it is not likely to happen in Idaho.”

As that dreary headline suggested, most lawmakers in the Gem State simply
don’t view online gambling as a priority – but tens of thousands of players
there do. Even so, not a single bill proposing to legalize and regulate online
gambling in Idaho has been introduced.

In a day and age defined by representatives not adequately working on behalf
of their constituents, this level of inactivity is akin to a crime. Even if
Idaho’s conservative history when it comes to gambling law means the measure
won’t pass muster, declining to even put one forward would seem to be a mistake.

Idaho Slot Machine Laws Against

Idaho Slot Machine Laws

The gambling laws in any jurisdiction or region around the world are subject
to change. We’ve strived to ensure that the information on this page is
accurate, but you should always check your local laws before engaging in any
form of gambling activity.