23-701. LIQUOR NUISANCE DEFINED — MAINTAINING. The conducting or maintaining of a place or of a vehicle of any sort for the manufacture, storage, transportation, sale, or dispensing of alcoholic liquor, except as in this act authorized, permitted, or licensed, is hereby declared to be a public nuisance and in this article is referred to […]
23-702. BUILDING AND EQUIPMENT. A building, vehicle, car, or boat where alcoholic liquors are manufactured, stored, transported, sold, or otherwise dispensed, or where persons are permitted to resort for the purpose of purchasing or drinking alcoholic liquor, except as in this act authorized, permitted, or licensed, and all alcoholic liquor, vessels, glasses, kegs, pumps, bars, […]
23-703. MAINTENANCE A MISDEMEANOR. Any person who conducts or maintains a liquor nuisance is guilty of a misdemeanor. History: [23-703, added 1939, ch. 222, sec. 1003, p. 465.]
23-704. ABATEMENT AND PROSECUTION. Except as in this article otherwise provided, a liquor nuisance may be abated and a person maintaining a liquor nuisance may be prosecuted and punished, as provided by law in other cases of public nuisance. History: [23-704, added 1939, ch. 222, sec. 1004, p. 465.]
23-705. ACTION FOR MAINTENANCE. The prosecuting attorney may maintain an action of an equitable nature, as relator, in the name of the state of Idaho, to abate a liquor nuisance, perpetually to enjoin all persons from maintaining the same, and to enjoin the use of any structure or thing adjudged to be a liquor nuisance. […]
23-706. TEMPORARY INJUNCTION. Upon the filing of a verified complaint therefor, in any court of competent jurisdiction, the court or a judge at chambers, if satisfied that the liquor nuisance complained of exists, may allow a temporary writ of injunction, without bond, enjoining the defendant from maintaining any such nuisance within the jurisdiction of the […]
23-707. EVIDENCE OF REPUTATION ADMISSIBLE. At all hearings upon the merits, evidence of the general reputation of the building or place constituting the alleged nuisance, of the inmates thereof, and of those resorting thereto, is admissible for the purpose of proving the existence of such nuisance. History: [23-707, added 1939, ch. 222, sec. 1007, p. […]
23-708. PERPETUAL INJUNCTION AND ORDER OF ABATEMENT — EXECUTION OF ORDER. If the existence of the nuisance is established, the court shall enter a decree perpetually restraining all persons from maintaining or permitting such nuisance, and from using the building or place in which the same is maintained for any purpose, for a period of […]
23-709. DISPOSITION OF PROCEEDS OF SALE. The proceeds of the sale of the movable property shall be applied in payment of the costs of the proceeding and of the abatement, and the balance, if any, shall be paid to the defendant or person owning said property upon the return of such sale. History: [23-709, added […]
23-710. VIOLATION OF INJUNCTION AND ORDER OF ABATEMENT A CONTEMPT. In case of the violation of any injunction or order of abatement issued under the provisions of this article, the court, or a judge at chambers, may summarily try and punish the offender for his contempt of court. History: [23-710, added 1939, ch. 222, sec. […]
23-711. RELEASE OF BUILDING FROM INJUNCTION. If the owner of such building or place has not been guilty of any contempt of court in the proceeding, and pays all costs of the proceeding and of the abatement and files a bond, with sureties to be approved by the court, in the penal sum of the […]
23-712. COSTS A LIEN. Whenever the costs shall be assessed under the provisions of this chapter against the owner of any property declared to be a liquor nuisance, such costs shall constitute a lien upon such property to the extent of the interest of such owner, and writ of execution shall issue thereon. History: [23-712, […]
