The House Judiciary Committee this afternoon split 10-7 and rejected a proposed rule from the Idaho State Police about what constitutes “actual use” of a liquor license. It matters because if the licenses aren’t in use, they can be forfeited. The panel approved another ISP rule, after much discussion, requiring “tamper-proof tape to be affixed” when a retailer sells beer in a growler, a container that doesn’t have a factory seal.

Rep. Rich Wills, R-Glenns Ferry, the committee chairman, said the growler rule got a lot of discussion. “It’s going to cost the retailer about 10 cents and about 3 seconds time,” he said. “That shouldn’t have been a big deal. But this committee looks at everything.”

The liquor license bill drew even more discussion. Wills said he didn’t oppose the proposed rule, which would have added to the definition of “in use” that a licensed bar must be open at least 20 hours a week and must sell at least 20 drinks per week. But he said lawmakers on the panel were concerned that the rule was setting policy, rather than just interpreting existing policy and law. “Alcohol Beverage Control’s trying to establish some parameters – that’s not real clear in the law,” Wills said. “It’s our job to establish policy, not necessarily by rule. So I think you’ll see this come back” in the form of legislation, “maybe even as early as this year.”

The 10 committee members who voted to reject the liquor license rule were Reps. Luker, McMillan, Perry, Sims, Trujillo, Cheatham, Kerby, Nate, Scott and Gannon. The seven voting against the motion were Reps. Dayley, Malek, McDonald, McCrostie, Nye, Wintrow and Wills.

The growler rule passed on a 12-5 vote; the five “no” votes came from Reps. McMillan, Perry, Sims, Nate and Scott.