Preston City Council approves sale of liquor by the drink for first time since 1940s

PRESTON — For the first time in more than 75 years, bars and restaurants in Preston will be allowed to sell drinks containing hard liquor.

At its April 22 meeting, the Preston City Council voted 3-2 to allow the sale of liquor for on-premise consumption at establishments within the city, overturning a “dry county” ordinance that has been in place since 1947. The move follows a similar action earlier this year by the Franklin County Commission.

Idaho state law currently allows up to four liquor licenses in Preston based on population. Two businesses in the city, Tattles and The Owl, have already been approved by the state and county to serve liquor by the drink and have paid their fees for the year.

Before voting on the issue, the council engaged in a 45-minute discussion surrounding the validity of the city’s “dry” ordinance.

The debate was largely centered on a 1947 city election in which voters approved the ordinance restricting liquor sales. While there are public records acknowledging that the election took place, officials have been unable to find any proof that the county canvassed the election and certified the results, bringing the legality of the ordinance into question.

Legal counsel Lyle Fuller recommended that the city’s strongest legal position would be to require the applicants to gather signatures of 20% of registered voters in the city to place an initiative for liquor by the drink on the November 2025 ballot. This advice is based on the assumption that the 1947 vote is valid.

Fuller noted that no documentation of the board of canvassers certifying the election to the city or from the city to the state has been found, but that all entities involved have operated as if the election was certified since that time.

Councilman Brent Dodge expressed his concern that others want to throw out the 1947 election results based on what he considers a technicality, and that the council should follow the advice of Fuller.

“In my opinion, I accept the election of 1947,” Dodge said. “It’s clear — we are a dry city.”

Councilman Chris Larsen also felt it was in the best interests of the city to follow the recommendation of the legal counsel.

“I’m not against the proprietors getting what they’re asking for,” Larsen said. “What I am cognizant of though is our legal counsel has spoken. We’ve hired counsel to guide us in a way that will best protect the city.”

Councilman Terry Larson was of the opinion that the 1947 vote was invalid due to not being reported to the state. That leaves the city with a 1970 law that requires the city to follow state law, and state law allows liquor by the drink.

“I don’t question there was an election held,” Larson said. “I do not believe it’s an enforceable election for the reasons that have been stated.”

Councilman Todd Thomas added that he feels the liability to the city would be less if liquor by the drink were allowed.

Thomas proposed a motion to amend the current city code concerning beer and wine at a later date to allow liquor by the drink licenses to business applicants in the city provided that employees take the alcohol server safety course offered by the state of Idaho.

The motion tied 2-2, with Dodge and Larsen against and Thomas and Larson in favor. Mayor Dan Keller broke the tie, voting for the motion under the reasoning that the 1947 vote is invalid due to the lack of canvassing the vote and reporting of that canvas to the state.