Section 15.10.01.011 - DISTRIBUTING STATIONS01.Term of Agreement. A specified period as determined at the discretion of the Director.02.Transfer of Agreement. An Agreement is a personal privilege and is not considered property nor is it assignable or transferable.03.Agreement Evaluations. Periodic evaluations of Agreements will be conducted to ensure uniform and appropriate criteria pursuant to Section 23-302, Idaho Code. These criteria are applicable to the replacement of an existing Distributing Station and to the establishment of new Distributing Station.04.Acceptance of Applications. Applications for Distributing Stations are accepted only in response to public notices. Unsolicited applications may not be held on file pending future openings.05.Applicant Selection. The selection for a Distributing Station will be made by the Director in accordance with Section 23-304, Idaho Code. The Director reserves the right to refuse to select any and all applicants. Applicant selection will be based on the following criteria:a. Public acceptability in accordance with Section 23-302, Idaho Code.b. Location and suitability of premises.c. An applicant who has been convicted of, or has pled guilty to, a felony or a crime of moral turpitude (an element of which is dishonesty or fraud) under the laws of any jurisdiction will not be allowed to operate a Distributing Station.d. An applicant may not be a Close Relative of, nor have a partnership or other close business relationship with, any person employed by the Division who has the responsibility for establishing, approving, or influencing policies of the Division.e. An applicant may be a spouse, child, employee, blood relative, relative through marriage, or business associate of the retiring or deceased Distributor.f. Distributing Stations will not be established in a business that has a license to sell Liquor, Wine or beer by the drink.g. If an existing Distributing Station is sold, the purchaser may, at the sole and absolute discretion of the Division, continue to operate the Distributing Station under comparable terms and conditions applied to the previous Special Distributor.06.General Operational Obligations. Special Distributors will: a. Furnish an adequate premises that is kept clean and sanitary at all times.b. Not hold a partisan state elected political office. He cannot be a Close Relative of, or be in a business partnership with a person in a partisan state elected Political Office.c. Not present his views as being representative of the views of the Division and not attempt to politically influence customers in any manner.d. Only sell Liquor received from the Division.e. Only sell Liquor at prices set by the Division in accordance with Section 23-207(g), Idaho Code.f. Not deliver Liquor off premise without explicit authorization of the Director.07.Days and Hours of Operation. a. The Distributor will not exceed the maximum legal selling hours as set by the Director.08.Fiduciary Responsibility. All unremitted monies collected in trust for the Division, and upon their receipt, are assigned to the Division in accordance with Section 23-401, Idaho Code.09.Liquor Shortage. The Distributor must pay the retail value of any Shortage immediately after receipt of the request for payment from the Division showing its calculation of the Shortage.a. If the Distributor disputes Liquor or cash Shortages, he may request a hearing before the Director.b. Any payment made by the Distributor for Liquor shortages may be refunded in whole or in part if the Distributor's position is upheld by the Director.10.Compensation. The compensation paid by the Division to the Special Distributor represents full payment for all services provided by the Distributor. Such compensation will be uniformly applied statewide in accordance with Section 23-305, Idaho Code.11.Voluntary Agreement Termination.a. The Distributor will allow reasonable time for the Division to conduct a final inventory audit and to remove all Liquor.b. The sale of the Distributor's business to any other party, the forfeiture of the business to a lien holder, or the foreclosure upon the business will be considered voluntary Agreement termination.12.Agreement Termination Procedure.a. The Division will notify the distributor by email, certified mail, or personal delivery, specifying the reasons.b. The Division may notify the Distributor that he is immediately suspended pending final determination of the proposed termination. At the time of notification, the Division reserves the right to conduct a final audit and remove all Division property pending a final determination.c. The Distributor may request a hearing on the proposed termination by notifying the Division in writing within seven (7) days of receiving the termination notice.d. Upon termination of this agreement, the Division will:i. Remove all property owned by them;ii. Cease compensation as of the termination date.Idaho Admin. Code r. 15.10.01.011