Mont. Code Ann. § 16-3-506 — MT Code / Title 16 / Chapter 3 / Part 5 / Section 16-3-506
16-3-506 Table wine agreement of distributorship provisions
Status: in_force

16-3-506 . Table wine agreement of distributorship provisions. (1) A winery or wine importer and distributor must have a written agreement of distributorship that provides for purchase of the winery or wine importer's products from the winery or wine importer by the distributor.

(2) A table wine agreement of distributorship must provide that:

(a) a winery or wine importer shall notify a distributor in writing at least 60 days prior to termination of an agreement of distributorship unless a termination without notice is permitted as provided in 16-3-507 . The written notice must state the reasons for termination. Notice of termination is void if within 60 days of the notice, the distributor rectifies the deficiency stated as the reason for termination and if the deficiency was not stated as reason for termination in a notice previously voided under the provisions of this subsection (2)(a).

(b) a winery or wine importer may not unreasonably withhold or delay approval of a sale or transfer of the ownership, management, or control of a distributorship. However, a distributor shall give a winery or wine importer no less than 60 days' prior written notice of any material change in ownership, management, or control.

(3) If a winery or wine importer terminates an agreement of distributorship under the provisions of subsection (2)(a), the distributor subject to the termination is entitled to compensation for the laid-in cost of inventory. In the event of any termination of the agreement by the winery or wine importer other than termination for good cause or for any reason set forth in 16-3-507 (3), the distributor is entitled to compensation for the laid-in cost of inventory and to liquidated damages based on the sales of the brand or brands involved, as may be provided in the agreement. If the winery or wine importer and the distributor are unable to agree on the amount of liquidated damages, the amount of liquidated damages must be determined by an arbitrator appointed under subsection (4).

(4) If undertaken in good faith by a winery or wine importer, a winery or wine importer may terminate an agreement of distributorship for a legitimate business reason not within the definition of good cause if an arbitrator appointed by the department finds, after hearing the winery or wine importer and the distributor, that the termination is in the best interest of the brands concerned. Arbitration under this section must be conducted under the provisions of Title 27, chapter 5.

(5) All agreements of distributorship are interpreted and governed by the laws of Montana.

(6) In any dispute resulting in litigation between a winery or wine importer and a distributor, the litigation must occur in a Montana court, federal or state, unless that forum would create an unreasonable burden on any party, as determined by the court in which the litigation is commenced.

(7) Agreements between a winery or wine importer and a distributor must recognize the constitutional right to a jury trial as set forth in Article II, section 26, of the Montana constitution.

(8) A provision in an agreement of distributorship that is inconsistent with the requirements of this section is void.
Mont. Code Ann. § 16-12-103 — MT Code / Title 16 / Chapter 12 / Part 1 / Section 16-12-103
16-12-103 Department authority
Status: in_force

16-12-103 . Department authority. The department shall license and regulate the cultivation, manufacture, transport, and sale of marijuana as allowed by this chapter and shall administer and enforce this chapter.
Mont. Code Ann. § 16-11-156 — MT Code / Title 16 / Chapter 11 / Part 1 / Section 16-11-156
16-11-156 Stamps affixed on cigarettes -- exception
Status: in_force

16-11-156 . Stamps affixed on cigarettes -- exception. Except for cigarettes sold on a military reservation, cigarettes sold in Montana must have a Montana cigarette tax stamp affixed prior to sale.
Mont. Code Ann. § 16-3-321 — MT Code / Title 16 / Chapter 3 / Part 3 / Section 16-3-321
16-3-321 Keg identification tag
Status: in_force

16-3-321 . Keg identification tag. (1) A licensee may not sell a keg of beer unless an identification tag is attached to the keg by the licensee.

(2) An identification tag must consist of paper, plastic, metal, or durable material that is not easily damaged or destroyed. An identification tag may be attached to a keg at the time of sale with a nylon tie or cording, wire tie or other metal attachment device, or other durable means of tying or attaching the tag to the keg.

(3) The identification information contained on the tag must include:

(a) the licensee's name, address, and telephone number; and

(b) a prominently visible warning that intentional removal or defacement of the tag is a criminal offense.

(4) A retailer that accepts the return of a keg that does not have an identification tag attached shall obtain the information required in 16-3-322 on the original purchaser, to the extent possible, and obtain the same information on the person returning the keg. This information must be kept on file with the retailer for not less than 45 days from the date of return.

(5) A person, other than the licensee, the distributor of malt beverages, or a law enforcement officer, may not intentionally remove identification placed on a keg in compliance with this section.

(6) For the purposes of 16-3-321 through 16-3-324 , the following definitions apply:

(a) "Keg" means a brewery-sealed, single container that contains not less than 7 gallons of beer.

(b) "Licensee" means a person who is licensed under Title 16, chapter 4, and who sells kegs to a consumer.

(7) The department shall develop and make available the identification tags required by this section.
Mont. Code Ann. § 16-4-312 — MT Code / Title 16 / Chapter 4 / Part 3 / Section 16-4-312
16-4-312 Domestic distillery
Status: in_force

16-4-312 . Domestic distillery. (1) A distillery located in Montana and licensed pursuant to 16-4-311 may:

(a) import necessary products in bulk;

(b) bottle, produce, blend, store, transport, or export liquor that it produces;

(c) perform those operations that are permitted for bonded distillery premises under applicable regulations of the United States department of the treasury; and

(d) have a premises that includes more than one building for manufacturing purposes pursuant to 27 CFR 19.53 and is operated under a federal basic permit.

(2) (a) A distillery that is located in Montana and licensed pursuant to 16-4-311 shall sell liquor to the department under this code, and the department shall include the distillery's liquor as a listed product.

(b) The distillery may use a common carrier for delivery of the liquor to the department.

(c) A distillery that produces liquor within the state under this subsection (2) shall maintain records of all sales and shipments. The distillery shall furnish monthly and other reports concerning quantities and prices of liquor that it ships to the department and other information that the department may determine to be necessary to ensure that distribution of liquor within this state conforms to the requirements of this code.

(3) (a) A distillery that is located in Montana and licensed to manufacture distilled spirits may be licensed by the department to own, lease, maintain, and operate anywhere in the state a storage depot for receiving, handling, and storing distilled spirits in addition to distributing and selling distilled spirits from the storage depot, subject to this code.

(b) To be licensed for a storage depot, a distillery shall pay an annual license fee as provided in 16-4-501 for each storage depot operated by the distillery, in addition to all other fees and taxes required to be paid by the distillery, and must meet all applicable suitability requirements.

(4) A microdistillery may:

(a) provide, with or without charge, not more than 2 ounces of liquor that it produces at the microdistillery to consumers for prepared servings:

(i) through curbside pickup between 10 a.m. and 8 p.m.; and

(ii) for on-premises consumption during the hours of operation that are identical to those allowed for a brewery license provided for in 16-3-213 (2)(b) and corresponding administrative rules relating to the service, consumption, and possession of alcoholic beverages on the premises; or

(b) sell liquor in original packaging that it produces at retail at the distillery between the hours of 8 a.m. and 2 a.m. directly to the consumer, including curbside pickup, for off-premises consumption if:

(i) not more than 4.5 liters a day is sold to an individual; and

(ii) the minimum retail price as determined by the department is charged.

(5) Liquor samples provided pursuant to subsection (4)(a) are not permitted at more than one manufacturing premises for each license.

(6) (a) A distillery located in the state and licensed pursuant to 16-4-311 may issue or sell warehouse receipts to any person. The warehouse receipt is for liquor stored at the distillery's licensed premises, including a licensed warehouse premises of the distillery, within the portion of the premises that is bonded pursuant to federal law, as provided in Title 30, chapter 7, except that for the purposes of this subsection (6), the term "distilled spirits" in 30-7-201 (2) means "liquor" as defined in 16-1-106 . The sale or purchase of warehouse receipts as provided in this subsection (6) does not constitute a transfer of an ownership interest in the distillery business or license.

(b) The department may not require any application or report to be filed in connection with the sale or purchase of warehouse receipts, provided that the liquor to which the warehouse receipts apply must physically remain within the distillery's licensed premises, including a licensed warehouse premises of the distillery, until the liquor is physically transferred in bond to another federally bonded premises, or until the liquor is otherwise transferred, sold, or disposed of in accordance with this code or applicable federal law.

(c) Warehouse receipts originally issued by a distillery as provided in this subsection (6) may be resold by a holder of the warehouse receipts to any person. A distillery or any subsequent holder of warehouse receipts may use an intermediary business to market, facilitate, manage, sell, and invest in warehouse receipts.

(d) A person may purchase or otherwise invest in warehouse receipts originally issued by distilleries licensed under federal law, regardless of whether the distillery is located in the state. Nothing in this section authorizes the holder or owner of a warehouse receipt to accept delivery of any liquor unless the person is permitted under law to receive the liquor.
Mont. Code Ann. § 16-2-110 — MT Code / Title 16 / Chapter 2 / Part 1 / Section 16-2-110
16-2-110 State lien on liquor in agency liquor stores
Status: in_force

16-2-110 . State lien on liquor in agency liquor stores. The state has a first lien with an absolute first priority to secure any outstanding amounts due the state for liquor purchased on any inventory, including any after-acquired inventory in the possession of an agent or on the premises of an agency liquor store, to secure payment for the existing inventory. The state has the right to physically recover any inventory from an agency liquor store and impose fees to recoup the cost of the recovery for any failure to timely make payments.
Mont. Code Ann. § 16-1-204 — MT Code / Title 16 / Chapter 1 / Part 2 / Section 16-1-204
16-1-204 Licensed hospital or health care facility
Status: in_force

16-1-204 . Licensed hospital or health care facility. Any person in charge of an institution regularly conducted as a licensed hospital or health care facility may administer alcoholic beverages purchased by the person to any patient or inmate of the institution and may charge for the alcoholic beverages.
Mont. Code Ann. § 16-12-125 — MT Code / Title 16 / Chapter 12 / Part 1 / Section 16-12-125
16-12-125 Hotline -- reporting -- referrals
Status: in_force

16-12-125 . Hotline -- reporting -- referrals. (1) The department shall create and maintain a hotline to receive reports of suspected abuse of the provisions of this chapter.

(2) A person may submit a complaint to the department alleging a violation of this chapter and specifying the grounds for the complaint.

(3) The department may provide a copy of the complaint to the person or licensee that is the subject of the complaint.

(4) The department may:

(a) investigate reports of suspected abuse of the provisions of this chapter; or

(b) refer reports of suspected abuse to the law enforcement agency having jurisdiction in the area where the suspected abuse is occurring.

(5) Complaints submitted to the department are confidential and not subject to public disclosure unless or until authorized by a district court on a written finding that the demands of individual privacy do not clearly exceed the merits of public disclosure or are confidential criminal justice information pursuant to Title 44, chapter 5.

(6) The department shall make available to the public complaints about violations of 16-12-117 (3), including:

(a) information regarding the types of businesses or products being reported; and

(b) any disciplinary action taken against a person in violation of 16-12-117 (3).

(7) The department reports made to the legislature pursuant to 16-12-110 must include the number of investigations and complaints the department referred to law enforcement and the complaints' disposition.
Mont. Code Ann. § 16-11-512 — MT Code / Title 16 / Chapter 11 / Part 5 / Section 16-11-512
16-11-512 Construction
Status: in_force

16-11-512 . Construction. If a court of competent jurisdiction finds that the provisions of 16-11-401 through 16-11-403 and of this part conflict and cannot be harmonized, then the legislature intends the provisions of 16-11-401 through 16-11-403 to control. Except as specifically provided in this part, the provisions of this part are not intended to and may not be interpreted to override the provisions of 16-11-401 through 16-11-403 . (Certain provisions void on occurrence of contingency--sec. 16, Ch. 397, L. 2003--see part compiler's comment.)
Mont. Code Ann. § 16-4-1103 — MT Code / Title 16 / Chapter 4 / Part 11 / Section 16-4-1103
16-4-1103 Enforcement -- penalty -- rulemaking
Status: in_force

16-4-1103 . Enforcement -- penalty -- rulemaking. (1) Subject to a right to a hearing and the appeal process provided by the Montana Administrative Procedure Act in Title 2, chapter 4, the department may enforce the requirements of this part by suspending or revoking the direct shipment endorsement or imposing a civil penalty not to exceed $1,500.

(2) A winery that has a direct shipment endorsement is considered to have consented to the jurisdiction of the department or any other state agency and the Montana courts concerning enforcement of this part and related rules or regulations.

(3) The owner of a winery is guilty of a misdemeanor if the winery makes a direct shipment without having a direct shipment endorsement.

(4) The department may adopt rules to implement this part.
Mont. Code Ann. § 16-3-201 — MT Code / Title 16 / Chapter 3 / Part 2 / Section 16-3-201
16-3-201 Possession, manufacture, importation, or disposal of beer in manner other than prescribed unlawful -- personal brewing
Status: in_force

16-3-201 . Possession, manufacture, importation, or disposal of beer in manner other than prescribed unlawful -- personal brewing. (1) It is unlawful to manufacture, import, sell or dispose of, or possess for the purpose of sale beer of any kind or character of an alcoholic content greater than authorized or other than in the manner permitted by this code.

(2) This code does not prohibit the manufacture of beer, for personal or family use and not intended for sale, that meets the exemptions of 26 U.S.C. 5053(e) and regulations implementing that section, including the brewing of beer, for personal or family use, on premises other than those of the person brewing the beer.
Mont. Code Ann. § 16-1-402 — MT Code / Title 16 / Chapter 1 / Part 4 / Section 16-1-402
16-1-402 Payment of excise tax by carriers
Status: in_force

16-1-402 . Payment of excise tax by carriers. (1) Every airline or railroad operating in the state of Montana and selling liquor purchased outside this state for consumption within this state shall pay to the department the excise taxes and state markup that would be applicable to the liquor if purchased from an agency liquor store.

(2) The amount of excise taxes and state markup payable must be determined by multiplying the following factors:

(a) the average liquor used per departure;

(b) the number of departures from Montana on which liquor is served;

(c) the ratio of Montana revenue passenger miles to system revenue passenger miles; and

(d) the applicable excise tax and state markup rates.

(3) From the product, the carrier shall subtract the amount of excise taxes and state markup on purchases of liquor made within this state.
Mont. Code Ann. § 16-11-313 — MT Code / Title 16 / Chapter 11 / Part 3 / Section 16-11-313
16-11-313 Alternative nicotine products and vapor products -- local ordinance or resolution -- prohibition
Status: in_force

16-11-313 . Alternative nicotine products and vapor products -- local ordinance or resolution -- prohibition. (1) A local government may not adopt or enforce any local ordinance or resolution that prohibits the sale of alternative nicotine products or vapor products.

(2) Subject to 16-11-311 , nothing in this section may be construed to restrict a local government from enacting reasonable ordinances or resolutions relating to the sale of alternative nicotine products or vapor products.
Mont. Code Ann. § 16-12-201 — MT Code / Title 16 / Chapter 12 / Part 2 / Section 16-12-201
16-12-201 Licensing of cultivators, manufacturers, and dispensaries
Status: in_force

16-12-201 . Licensing of cultivators, manufacturers, and dispensaries. (1) (a) Between July 1, 2025, and June 30, 2027, the department:

(i) may accept applications from and issue licenses to persons qualified for licensure under this chapter only if the application is related to an existing licensed premises;

(ii) may allow a licensee to move an existing licensed premises; and

(iii) may not allow for new licensed premises.

(b) On or after July 1, 2027, the department shall begin accepting applications for and issuing licenses to cultivate, manufacture, or sell marijuana or marijuana products to applicants who were not previously licensed and for premises not previously licensed.

(2) A licensee may sell marijuana and marijuana products to registered cardholders at the medical tax rate set forth in 15-64-102 and to consumers at the adult-use marijuana tax rate set forth in 15-64-102 .

(3) The department may amend or issue licenses to provide for staggered expiration dates. The department may provide for initial license terms of greater than 12 months but no more than 23 months in adopting staggered expiration dates. Thereafter, licenses expire annually. License fees for the license term implementing staggered license terms may be prorated by the department.
Mont. Code Ann. § 16-11-116 — MT Code / Title 16 / Chapter 11 / Part 1 / Section 16-11-116
16-11-116 Resale of insignia prohibited -- rebate
Status: in_force

16-11-116 . Resale of insignia prohibited -- rebate. A wholesaler may not resell to any other wholesaler any insignia purchased from the department. A wholesaler who has on hand any meter settings or tax insignia at the time of discontinuing the business of selling cigarettes may apply to the department and be paid the face value of the meter settings or tax insignia less the amount of the expense defrayment allowed by 16-11-114 .
Mont. Code Ann. § 16-4-314 — MT Code / Title 16 / Chapter 4 / Part 3 / Section 16-4-314
16-4-314 Academic brewer license under small brewer exception -- conditions
Status: in_force

16-4-314 . Academic brewer license under small brewer exception -- conditions. (1) A postsecondary institution may apply for an academic brewer license under this section that allows the licensee to brew and sell beer to distributors as provided in this section. The academic brewer license:

(a) does not allow for the sale of beer at retail and does not allow for the operation of a sample room as provided in 16-3-213 ;

(b) is limited to production of 10,000 barrels annually;

(c) allows for distribution only to distributors as provided in 16-3-214 ;

(d) is under the ownership of a postsecondary institution;

(e) may not offer gambling activities;

(f) is otherwise subject to laws applying to brewery licenses as provided in this code; and

(g) must operate in an on-campus facility operated in conjunction with a beer-brewing class or curriculum taught at the postsecondary institution or in conjunction with research at the postsecondary institution.

(2) When a postsecondary institution has met the conditions in subsection (3) and has paid the fee specified for a brewer under 16-4-501 , the department shall issue the academic brewer license.

(3) To obtain a license under this section, a postsecondary institution shall:

(a) document approval by the postsecondary institution's board of trustees or the board of regents of higher education, as applicable;

(b) identify the on-campus location of the site where classes in beer making are to be held or where research is to take place; and

(c) for criminal background requirements under 16-4-414 , designate two or more individuals, each of whom must have responsibility for licensing compliance and each of whom must meet the requirements in 16-4-401 (2)(a).

(4) For the purposes of this section, the term "postsecondary institution" means:

(a) a unit of the Montana university system as described in 20-25-201 ; or

(b) a Montana community college that is part of a community college district as defined in 20-15-101 .

(5) The department may adopt rules to implement this section.
Mont. Code Ann. § 16-3-244 — MT Code / Title 16 / Chapter 3 / Part 2 / Section 16-3-244
16-3-244 Beer advertising limitations
Status: in_force

16-3-244 . Beer advertising limitations. (1) Except as provided in subsection (2), it is lawful to advertise beer, as defined and regulated, subject to the restrictions on brewers and beer importers contained in 16-3-241 and subject to the following restrictions on retailers. A retail licensee may not display or permit to be displayed on the exterior portion or surface of the retailer's place of business, whether any of the premises are owned or leased by the retailer, any sign, poster, or advertisement bearing the name, brand name, trade name, trademark, or other designation indicating the manufacturer, brewer, beer importer, distributor, or place of manufacture of any beer, unless it is on a marquee, board, or other space used for temporary advertisements and is not displayed for more than 10 days per display period.

(2) A licensed brewery holding complete ownership of a retail license pursuant to 16-4-401 (9) is not subject to the restrictions in subsection (1) at any of the brewery's licensed premises for products manufactured by the licensed brewery.
Mont. Code Ann. § 16-4-408 — MT Code / Title 16 / Chapter 4 / Part 4 / Section 16-4-408
16-4-408 Renewal of suspended licenses
Status: in_force

16-4-408 . Renewal of suspended licenses. After suspension or revocation of a license, the department shall have the power to renew the same if in its discretion a proper showing therefor has been made.
Mont. Code Ann. § 16-6-301 — MT Code / Title 16 / Chapter 6 / Part 3 / Section 16-6-301
16-6-301 Transfer, sale, possession, and manufacture of alcoholic beverages -- when unlawful
Status: in_force

16-6-301 . Transfer, sale, possession, and manufacture of alcoholic beverages -- when unlawful. (1) Except as provided by this code, a person or the person's agents or employees may not:

(a) expose or keep an alcoholic beverage for sale;

(b) directly or indirectly or upon any pretense or upon any device, sell or offer to sell an alcoholic beverage; or

(c) in consideration of the purchase or transfer of any property or for any other consideration or at the time of the transfer of any property, give to any other person an alcoholic beverage.

(2) A person may not have or keep any alcoholic beverage that has not been purchased within the state of Montana.

(3) This code does not prohibit:

(a) a person entering this state from another state or foreign country from having in the person's actual physical possession an amount not to exceed 3 gallons of alcoholic beverage that was purchased in another state or foreign country;

(b) possession of beer produced for personal or family use and not intended for sale that meets the exemptions of 26 U.S.C. 5053(e) and regulations implementing that section, including the brewing of beer, for personal or family use, on premises other than those of the person brewing the beer;

(c) possession of beer purchased from an out-of-state brewery if the person possessing the beer holds a connoisseur's license as provided for in 16-4-901 or possession of table wine purchased from a winery that has a direct shipment endorsement as provided in 16-4-1101 ;

(d) possession of alcoholic beverages by brewers, distillers, and other persons duly licensed by the United States for the manufacture of those alcoholic beverages;

(e) possession of proprietary or patent medicines or of any extracts, essences, tinctures, or preparations if the possession is authorized by this code;

(f) possession by a sheriff or bailiff of alcoholic beverages seized under execution or other judicial or extrajudicial process or sales under executions or other judicial or extrajudicial process to the department or a licensee;

(g) possession of wine produced for personal or family use and not intended for sale that meets the exemptions of 26 U.S.C. 5042(a)(2) and regulations implementing that section, including the production of wine, for personal or family use, on premises other than those of the person producing the wine; or

(h) active service members shipping personal collections of alcoholic beverages to a military base in this state.

(4) Except as provided in this code, a person or the person's agents or employees may not:

(a) attempt to purchase any alcoholic beverage;

(b) directly or indirectly or upon any pretense or device, purchase any alcoholic beverage; or

(c) in consideration of the sale or transfer of any property or for any other consideration or at the time of the transfer of any property, take or accept from any other person any alcoholic beverage.

(5) In accordance with 27 CFR 19.51, manufacturing of liquor for personal or family consumption is prohibited.
Mont. Code Ann. § 16-11-149 — MT Code / Title 16 / Chapter 11 / Part 1 / Section 16-11-149
16-11-149 Hearings before department
Status: in_force

16-11-149 . Hearings before department. (1) A person aggrieved by any action of the department or its authorized agents taken to enforce the tax provisions of this part, except for a revocation of a license pursuant to 16-11-144 , may apply to the department, in writing, for a hearing or rehearing within 30 days after the action of the department or its authorized agents.

(2) The department shall promptly consider the application, set the application for hearing, and notify the applicant of the time and place fixed for the hearing or rehearing, which may be at its office or in the county of the applicant. After the hearing or rehearing, the department may make any further or other order on the grounds that it may consider proper and lawful and shall furnish a copy to the applicant.

(3) The department, on its own initiative, may order a contested case hearing on any matter concerned with licensing, as defined in 2-4-102 , in connection with the administration of this part upon at least 10 days' notice in writing to the person or persons to be investigated.

(4) A person may appeal a final order of the department to the Montana tax appeal board as provided in 15-2-302 .
Mont. Code Ann. § 16-3-511 — MT Code / Title 16 / Chapter 3 / Part 5 / Section 16-3-511
16-3-511 Transfer of distributor's interest in business
Status: in_force

16-3-511 . Transfer of distributor's interest in business. A distributor may sell or transfer the business or an interest in the business to any person or to one or more members of the distributor's family or heirs or legatees, whether the distributor operates as an individual, a partnership, or corporation. However, the consent of the brewer, beer importer, winery, or wine importer in writing is required for the transferee to continue as a distributor of the brewer, beer importer, winery, or wine importer. The consent must consider the personal, financial, and managerial responsibilities and capabilities of the transferee, and the consent may not unreasonably be withheld.
Mont. Code Ann. § 16-4-106 — MT Code / Title 16 / Chapter 4 / Part 1 / Section 16-4-106
16-4-106 Beer and table wine license transfers
Status: in_force

16-4-106 . Beer and table wine license transfers. A transfer of any brewer's, distributor's, beer retailer's, or table wine retailer's license may be made on application to the department with the consent of the department, provided that the transferee qualifies under this code.
Mont. Code Ann. § 16-11-508 — MT Code / Title 16 / Chapter 11 / Part 5 / Section 16-11-508
16-11-508 Escrow installments
Status: in_force

16-11-508 . Escrow installments. To promote compliance with the provisions of this part, the attorney general may adopt rules requiring a tobacco product manufacturer to make the escrow deposits required in 16-11-403 in installments during the year in which the sales covered by the deposits are made. The attorney general may require production of information sufficient to enable the attorney general to determine the adequacy of the amount of the installment deposit. (Certain provisions void on occurrence of contingency--sec. 16, Ch. 397, L. 2003--see part compiler's comment.)
Mont. Code Ann. § 16-3-103 — MT Code / Title 16 / Chapter 3 / Part 1 / Section 16-3-103
16-3-103 Unlawful sales solicitation or advertising -- exceptions
Status: in_force

16-3-103 . Unlawful sales solicitation or advertising -- exceptions. (1) A person within the state may not:

(a) canvass for, receive, take, or solicit orders for the purchase or sale of any liquor or act as agent or intermediary for the sale or purchase of any liquor or be represented as an agent or intermediary unless permitted to do so under rules that are promulgated by the department to govern the activities;

(b) canvass for or solicit orders for the purchase or sale of any beer except in the case of beer proposed to be sold to beer licensees duly authorized to sell beer under the provisions of this code;

(c) exhibit, publish, or display or permit to be exhibited, published, or displayed any form of advertisement or any other announcement, publication, or price list of or concerning liquor or where or from whom the same may be had, obtained, or purchased unless permitted to do so by the rules of the department and then only in accordance with the rules.

(2) This section does not apply to:

(a) the department, any act of the department, any agency liquor store;

(b) the sale and serving of beer and table wine in the grandstand and bleacher area of a county fairground or public sports arena under a special permit issued pursuant to 16-4-301 or a catering endorsement issued pursuant to 16-4-111 or 16-4-204 ; or

(c) the sale of alcohol at a sporting event conducted at a Montana university as provided in 16-4-112 .
Mont. Code Ann. § 16-6-105 — MT Code / Title 16 / Chapter 6 / Part 1 / Section 16-6-105
16-6-105 Seizure and forfeiture of alcoholic beverage and conveyance
Status: in_force

16-6-105 . Seizure and forfeiture of alcoholic beverage and conveyance. Whenever an investigator or any peace officer in making or attempting to make a search under and in pursuance of authority of law finds in any motor vehicle, vessel, boat, canoe, or conveyance of any description an alcoholic beverage that is unlawfully kept or had or kept or held for unlawful purposes contrary to the provisions of this code, the investigator or peace officer may seize the alcoholic beverage and packages in which the alcoholic beverage is contained and the motor vehicle, vessel, boat, canoe, or conveyance in which the alcoholic beverage is found. Upon the conviction of the occupant or person in charge of the motor vehicle, vessel, boat, canoe, or conveyance, or of any other person, for having or keeping the alcoholic beverages contrary to any of the provisions of this code in any vehicle, vessel, boat, canoe, or conveyance, the court in which the person is convicted may, in addition to the sentence imposed under authority of law, declare the alcoholic beverage or any part seized and the package in which the alcoholic beverage is contained to be forfeited to the state of Montana. The court may in and by decree further declare the motor vehicle, vessel, boat, canoe, or conveyance seized to be forfeited to the state of Montana.
Mont. Code Ann. § 16-4-304 — MT Code / Title 16 / Chapter 4 / Part 3 / Section 16-4-304
16-4-304 Beer and wine license for Yellowstone airport
Status: in_force

16-4-304 . Beer and wine license for Yellowstone airport. (1) Upon application, the department of revenue shall issue a retail beer and wine license to the Yellowstone airport, which is an airport near West Yellowstone, Montana, owned by the state of Montana and operated by the department of transportation.

(2) The application must be made by the department of transportation. The department of transportation may lease the license of use at the airport to an individual or entity approved by the department of revenue.

(3) The license is valid for the retail sale of beer and wine.

(4) The lessee shall pay to the department of revenue an annual license fee as provided in 16-4-501 .

(5) The license issued pursuant to this section:

(a) is not subject to the quota provisions of 16-4-105 ;

(b) is nontransferable;

(c) does not permit gambling activities otherwise allowed under Title 23, chapter 5.
Mont. Code Ann. § 16-6-202 — MT Code / Title 16 / Chapter 6 / Part 2 / Section 16-6-202
16-6-202 Appeal
Status: in_force

16-6-202 . Appeal. An appeal shall lie from any conviction or order made in the prosecution of any offense against any of the provisions of this code, and the practice and procedure on any appeal from any such conviction or order and all proceedings thereon shall be governed by the law applicable to appeal in criminal cases.
Mont. Code Ann. § 16-11-133 — MT Code / Title 16 / Chapter 11 / Part 1 / Section 16-11-133
16-11-133 Sale and use of cigarettes without insignia unlawful
Status: in_force

16-11-133 . Sale and use of cigarettes without insignia unlawful. (1) Unless approved by the department, a person who sells any package of cigarettes that does not bear the insignia required by this part and a person who uses or consumes a cigarette within this state, taken from a package that does not bear the required insignia, is guilty of a misdemeanor and is subject to the penalties in 16-11-148 .

(2) This section may not be construed to prohibit a natural person from physically transporting into the state of Montana for the person's own personal consumption or use, a maximum of:

(a) 600 cigarettes that bear the tax insignia of another state; or

(b) 30 ounces of tobacco products, other than cigarettes, on which the tobacco taxes of another state have been paid.
Mont. Code Ann. § 16-12-502 — MT Code / Title 16 / Chapter 12 / Part 5 / Section 16-12-502
16-12-502 Definitions
Status: in_force

16-12-502 . Definitions. As used in this part, the following definitions apply:

(1) "Referral physician" means an individual who:

(a) is licensed under Title 37, chapter 3; and

(b) is the physician to whom a patient's treating physician has referred the patient for physical examination and medical assessment.

(2) "Standard of care" means, at a minimum, the following activities when undertaken in person or through the use of telemedicine by a patient's treating physician or referral physician if the treating physician or referral physician is providing written certification for a patient with a debilitating medical condition:

(a) obtaining the patient's medical history;

(b) performing a relevant and necessary physical examination;

(c) reviewing prior treatment and treatment response for the debilitating medical condition;

(d) obtaining and reviewing any relevant and necessary diagnostic test results related to the debilitating medical condition;

(e) discussing with the patient and ensuring that the patient understands the advantages, disadvantages, alternatives, potential adverse effects, and expected response to the recommended treatment;

(f) monitoring the response to treatment and possible adverse effects; and

(g) creating and maintaining patient records that remain with the physician.

(3) "Telemedicine" has the meaning provided in 37-3-102 .

(4) "Treating physician" means an individual who:

(a) is licensed under Title 37, chapter 3; and

(b) has a bona fide professional relationship with the individual applying to be a registered cardholder.

(5) "Written certification" means a statement signed by a treating physician or referral physician that meets the requirements of 16-12-509 and is provided in a manner that meets the standard of care.
Mont. Code Ann. § 16-12-109 — MT Code / Title 16 / Chapter 12 / Part 1 / Section 16-12-109
16-12-109 Unlawful conduct by licensees -- penalties
Status: in_force

16-12-109 . Unlawful conduct by licensees -- penalties. (1) If the department has reasonable cause to believe that a licensee has violated a provision of this chapter or a rule of the department, it may, in its discretion and in addition to any other penalties prescribed:

(a) reprimand a licensee;

(b) revoke the license of the licensee;

(c) suspend the license for a period of up to 1 year;

(d) refuse to grant a renewal of the license after its expiration; or

(e) impose a civil penalty not to exceed $3,000.

(2) The department shall consider mitigating circumstances and may adjust penalties within penalty ranges based on its consideration of mitigating circumstances. Examples of mitigating circumstances are:

(a) compliance with the provisions of this chapter within the prior 3 years;

(b) the licensee has made good faith efforts to prevent a violation; or

(c) the licensee has cooperated in the investigation of the violation and the licensee or an employee or agent of the licensee accepts responsibility.

(3) The department shall consider aggravating circumstances and may adjust penalties within penalty ranges based on its consideration of aggravating circumstances. Examples of aggravating circumstances are:

(a) prior warnings about compliance problems;

(b) prior violations of the provisions of this chapter within the past 3 years;

(c) lack of written policies governing employee conduct;

(d) additional violations revealed during the course of the investigation;

(e) efforts to conceal a violation;

(f) intentional violations; or

(g) involvement of more than one patron or employee in a violation.

(4) For each licensing program regulated by the department under this chapter, the department is designated as a criminal justice agency within the meaning of 44-5-103 for the purpose of obtaining confidential criminal justice information regarding licensees and license applicants and regarding possible unlicensed practice.

(5) The department shall revoke and may not reissue a license or endorsement belonging to a person:

(a) whose controlling beneficial owner is an individual convicted of a felony drug offense;

(b) who allows another person not authorized or lawfully allowed to be in possession of the license;

(c) who transports marijuana or marijuana products outside of Montana, unless otherwise allowed by federal law;

(d) who operates a carbon dioxide or hydrocarbon extraction system without obtaining a manufacturing license;

(e) who purchases marijuana from an unauthorized source in violation of this chapter; or

(f) who sells, distributes, or transfers marijuana or marijuana products to a person the licensee knows or should know is under 21 years of age, unless the person is a registered cardholder.

(6) A licensee whose license is revoked may not reapply for licensure for 3 years from the date of the revocation.

(7) (a) Review of a department action imposing a fine, suspension, or revocation under this chapter must be conducted as a contested case hearing before the department's office of dispute resolution under the provisions of the Montana Administrative Procedure Act.

(b) A person may appeal any decision of the department concerning the issuance, rejection, suspension, or revocation of a license provided for by this chapter to the district court in the county in which the person operates or proposes to operate. If a person operates or seeks to operate in more than one county, the person may seek judicial review in the district court with jurisdiction over actions arising in any of the counties where it operates or seeks to operate.

(c) An appeal pursuant to subsection (7)(b) must be made by filing a complaint setting forth the grounds for relief and the nature of relief demanded with the district court within 30 days following receipt of notice of the department's final decision.
Mont. Code Ann. § 16-10-204 — MT Code / Title 16 / Chapter 10 / Part 2 / Section 16-10-204
16-10-204 Determining cost -- prices below cost -- free merchandise
Status: in_force

16-10-204 . Determining cost -- prices below cost -- free merchandise. (1) In determining the cost to the retailer and the cost to the wholesaler, the department or a court shall receive and consider evidence tending to show that any person accused of violating the provisions of this chapter purchased cigarettes, with respect to the sale of which complaint is made, below either the cost to the retailer or the cost to the wholesaler, depending upon the status of the person accused, or upon terms or in a manner or under invoices that conceal the true cost, discounts, or terms of purchase. Further, the department or a court shall receive and consider evidence of the normal, customary, and prevailing terms and discounts in connection with other sales of a similar nature in this state.

(2) Merchandise given gratis or payment made to a retailer or wholesaler by the manufacturer of the merchandise for display, advertising, promotion purposes, any type of discount, or otherwise may not be considered in determining the cost of cigarettes to the retailer or wholesaler.
Mont. Code Ann. § 16-1-205 — MT Code / Title 16 / Chapter 1 / Part 2 / Section 16-1-205
16-1-205 Local option
Status: in_force

16-1-205 . Local option. The electors of a county may, by approving an initiative as provided under 7-5-137 and Title 13, chapter 28, prohibit the sale and consumption of liquor or of all alcoholic beverages within the county. If the initiative is presented to the board of county commissioners, the board may not approve it but shall submit the proposal to the people as provided in 13-28-201 .
Mont. Code Ann. § 16-6-108 — MT Code / Title 16 / Chapter 6 / Part 1 / Section 16-6-108
16-6-108 Inspection of carriers' records
Status: in_force

16-6-108 . Inspection of carriers' records. For the purpose of obtaining information concerning any matter relating to the administration or enforcement of this code, the department or the department of justice or any person appointed by either department in writing for the purpose may inspect the freight and express books and records and all waybills, bills of lading, receipts, and documents in the possession of any railway company, express company, or other common carrier doing business within the state containing any information or record relating to any goods shipped or carried or consigned or received for shipment or carriage within the state.
Mont. Code Ann. § 16-12-114 — MT Code / Title 16 / Chapter 12 / Part 1 / Section 16-12-114
16-12-114 Definitions
Status: in_force

16-12-114 . Definitions. As used in 16-12-114 through 16-12-116 , unless the context clearly indicates otherwise, the following definitions apply:

(1) "Expungement or resentencing of marijuana conviction court" means the court that is responsible for determining petitions for expungement and resentencing as provided in 16-12-113 .

(2) "Petition for expungement or resentencing" means a petition filed pursuant to 16-12-113 seeking expungement or resentencing of a marijuana conviction.
Mont. Code Ann. § 16-11-112 — MT Code / Title 16 / Chapter 11 / Part 1 / Section 16-11-112
16-11-112 Tax on ultimate consumer
Status: in_force

16-11-112 . Tax on ultimate consumer. All taxes paid pursuant to 16-11-111 shall be conclusively presumed to be direct taxes on the retail consumer precollected for the purpose of convenience and facility only. The full face value of the insignia or tax shall be added to the cost of the cigarettes and recovered from the ultimate consumer or user. When the tax is paid by any other person, such payment shall be considered as an advance payment and shall be added to the price of the cigarettes and recovered from the ultimate consumer or user. Any person selling cigarettes at retail shall state or separately display in the licensed premises a notice of the tax included in the selling price and charged or payable pursuant to this section. The provisions of this section shall in no way affect the method of collection of such tax.
Mont. Code Ann. § 16-11-501 — MT Code / Title 16 / Chapter 11 / Part 5 / Section 16-11-501
16-11-501 Findings and purpose
Status: in_force

16-11-501 . Findings and purpose. The legislature finds that violations of 16-11-401 through 16-11-403 threaten the integrity of the tobacco Master Settlement Agreement, the fiscal soundness of the state, and the public health. The legislature finds that enacting procedural enhancements will help prevent violations of 16-11-401 through 16-11-403 and will safeguard the Master Settlement Agreement, the fiscal soundness of the state, and the public health. (Certain provisions void on occurrence of contingency--sec. 16, Ch. 397, L. 2003--see part compiler's comment.)
Mont. Code Ann. § 16-1-304 — MT Code / Title 16 / Chapter 1 / Part 3 / Section 16-1-304
16-1-304 Prohibited acts
Status: in_force

16-1-304 . Prohibited acts. (1) An employee of the department involved in the operation of the state liquor warehouse, the issuance of licenses, or the collection of alcoholic beverages taxes or an employee of the department of justice directly involved with license applications or the investigation of matters concerning the manufacture, sale, and distribution of alcoholic beverages may not be directly or indirectly interested or engaged in any other business or undertaking dealing in alcoholic beverages, whether as owner, part owner, partner, member of a syndicate, shareholder, agent, or employee for the employee's own benefit or in a fiduciary capacity for some other person.

(2) An employee of the state, a state agent, or any person having any ownership interest in an agency liquor store may not solicit or receive, directly or indirectly, any commission, remuneration, gift, or other thing tangible or intangible of value from any person or corporation selling or offering liquor for sale to the state pursuant to this code.

(3) A person selling or offering for sale to or purchasing liquor from the state may not directly or indirectly offer to pay any commission, profit, or remuneration or make any gift to any employee of the state, any state agent, or any person having any ownership interest in an agency liquor store or to anyone on behalf of an employee.

(4) The prohibition contained in subsection (3) does not prohibit the state from receiving samples of liquor for the purpose of chemical testing, subject to the following limitations:

(a) Each manufacturer, distiller, compounder, rectifier, importer, or wholesale distributor or any other person, firm, or corporation proposing to sell any liquor to the state of Montana shall submit at the request of the department, without cost to the state prior to the original purchase, an analysis of each brand and may submit a representative sample not exceeding 25 fluid ounces of the merchandise to the state.

(b) When a brand of liquor has been accepted for testing by the state, the state shall forward the sample, unopened and in its entirety, to a qualified chemical laboratory for analysis.

(c) The state shall maintain written records of all samples received. The records must show the brand name, amount and from whom received, date received, the laboratory or chemist to whom forwarded, the state's action on the brand, and the person to whom delivered or other final disposition of the sample.

(5) Liquor may not be withdrawn from the regular warehouse inventory for any purpose other than sale to an agent of an agency liquor store, returning to the supplier, or for destroying damaged or defective merchandise. The state shall maintain a written record including the type, brand, container size, number of bottles or other units, signatures of witnesses, and method of destruction or other disposition of damaged or defective warehouse merchandise.

(6) The state may not require a company that manufactured, distilled, rectified, bottled, or processed and sold less than 200,000 proof gallons of liquor nationwide in the previous calendar year to maintain minimum amounts of liquor in the state warehouse while the distiller retains ownership of the product.
Mont. Code Ann. § 16-11-126 — MT Code / Title 16 / Chapter 11 / Part 1 / Section 16-11-126
16-11-126 Joint and several liability
Status: in_force

16-11-126 . Joint and several liability. (1) An individual is individually liable, jointly and severally, with and to the same extent as the business upon a determination that the individual possessed the responsibility on behalf of the business to comply or direct compliance with state law regarding sales of tobacco products if the individual is:

(a) a controlling person who directly or indirectly controls a business liable for a violation of the tax and directory requirements of this chapter; or

(b) a partner, officer, director, or person occupying a similar status or performing similar functions.

(2) For the purpose of determining liability for violations of the tax and directory requirements of this chapter, a member-managed limited liability company must be treated as a partnership with liability extending to each member who was a member at the time the violation occurred.

(3) For the purpose of determining personal liability for the failure to comply with the tax requirements of this chapter by a manager-managed limited liability company, the managers of the limited liability company are jointly and severally liable along with the limited liability company for all penalties owed.

(4) For determining personal liability for the failure to comply with the tax requirements of this chapter, the partners of the limited liability partnership are jointly and severally liable, along with the limited liability partnership, for any penalties and interest due.
Mont. Code Ann. § 16-2-104 — MT Code / Title 16 / Chapter 2 / Part 1 / Section 16-2-104
16-2-104 Hours
Status: in_force

16-2-104 . Hours. Agency liquor stores may remain open during the period between 8 a.m. and 2 a.m. Subject to local ordinances or department requirements relating to operating hours, a store may be open or closed at the store's discretion.
Mont. Code Ann. § 16-6-204 — MT Code / Title 16 / Chapter 6 / Part 2 / Section 16-6-204
16-6-204 Defense need not be negatived
Status: in_force

16-6-204 . Defense need not be negatived. The description of any offense under this code, in the words of this code or in any words of like effect, shall be sufficient in law; and any exception, exemption, provision, excuse, or qualification, whether it occurs by way of proviso or in the description of the offense in this code, may be proved by the defendant but need not be specified or negatived in the information or complaint; but if it is so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the informant or complainant.
Mont. Code Ann. § 16-6-207 — MT Code / Title 16 / Chapter 6 / Part 2 / Section 16-6-207
16-6-207 Analyst's report as prima facie evidence of contents
Status: in_force

16-6-207 . Analyst's report as prima facie evidence of contents. In any prosecution under this code or the rules adopted to implement this code, production by a police officer, constable, inspector, or peace officer of a certificate or report signed or purporting to be signed by a United States or state analyst as to the analysis or ingredients of any alcoholic beverage or other fluid or any preparation, compound, or substance, the certificate or report is prima facie evidence of the facts stated in the certificate or report and of the authority of the person giving or making the certificate or report without any proof of appointment or signature.
Mont. Code Ann. § 16-6-307 — MT Code / Title 16 / Chapter 6 / Part 3 / Section 16-6-307
16-6-307 Consumption of alcoholic beverage on druggists' premises prohibited
Status: in_force

16-6-307 . Consumption of alcoholic beverage on druggists' premises prohibited. No person within the state of Montana shall consume any alcoholic beverage on any premises where an alcoholic beverage is kept for sale by a druggist, nor shall any druggist permit any alcoholic beverage to be consumed on such premises.
Mont. Code Ann. § 16-11-108 — MT Code / Title 16 / Chapter 11 / Part 1 / Section 16-11-108
16-11-108 Service of process
Status: in_force

16-11-108 . Service of process. (1) Service of process pursuant to 16-11-107 must be made by delivering to and leaving with the secretary of state's office two copies of the summons and complaint and any fees required by law. The secretary of state shall, in a timely manner, mail by registered or certified mail one of the copies to the defendant at its last-known business address. The secretary of state shall keep the other copy as a record of the process served upon the secretary of state. The service of process is sufficient if a notice of service and a copy of the process are sent within 10 days after service by certified mail by the plaintiff's attorney to the defendant at its last-known principal place of business and if the defendant's receipt or the receipt issued by the post office with which the letter is certified, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff's attorney showing compliance with this section are filed with the clerk of the court in which the action is pending on or before the date the defendant is required to appear or within a further time that the court may allow.

(2) Service of process in any action, suit, or proceeding, in addition to being made in the manner provided in subsection (1), must be considered valid if:

(a) served upon any person within this state on behalf of the person soliciting business who is:

(i) soliciting orders for sale of tobacco products;

(ii) making any contract for sale of tobacco products or delivering any tobacco products; or

(iii) collecting or receiving any money for tobacco products;

(b) a copy of the process is sent within 10 days after service, by certified mail, by the plaintiff's attorney to the defendant at the last-known principal place of business of the defendant; and

(c) the defendant's receipt or the receipt issued by the post office with which the letter is certified, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff's attorney showing compliance with this subsection (2) are filed with the clerk of the court in which the action is pending on or before the date the defendant is required to appear or within a further time that the court may allow.

(3) A plaintiff or complainant is not entitled to a judgment by default under this section until 30 days after the date of the filing of the affidavit of compliance.

(4) This section does not limit or abridge the right to serve any process, notice, or demand upon any tobacco product seller in any other manner now or later permitted by law.
Mont. Code Ann. § 16-10-101 — MT Code / Title 16 / Chapter 10 / Part 1 / Section 16-10-101
16-10-101 Short title
Status: in_force

16-10-101 . Short title. This chapter shall be known, designated, and cited as "The Montana Cigarette Sales Act".
Mont. Code Ann. § 16-3-104 — MT Code / Title 16 / Chapter 3 / Part 1 / Section 16-3-104
16-3-104 Common carriers to purchase beer from brewer, beer importer, or distributor
Status: in_force

16-3-104 . Common carriers to purchase beer from brewer, beer importer, or distributor. The operator of any common carrier or its employees may not sell or dispose of any beer except beer that has been lawfully acquired or purchased from a licensed brewer, beer importer, or distributor.
Mont. Code Ann. § 16-3-312 — MT Code / Title 16 / Chapter 3 / Part 3 / Section 16-3-312
16-3-312 Curbside pickup
Status: in_force

16-3-312 . Curbside pickup. (1) Licensed entities and agency liquor stores provided under subsection (3) may offer curbside pickup.

(2) Curbside pickup constitutes the sale of alcoholic beverages in original packaging, prepared servings, or growlers that was ordered online, through the phone, or in person, including but not limited to ordering through a drive-through window, for pickup from the licensee or agency liquor store during normal business hours and within 300 feet of the licensed premises or agency liquor stores, including a drive-through window. Curbside pickup is intended for consumption somewhere other than the pickup location. It is not intended for delivery to residences or other businesses, including but not limited to restaurants or hotels.

(3) This only applies to licenses issued under 16-3-213 , 16-3-214 , 16-3-411 , 16-4-105 , 16-4-110 , 16-4-115 , 16-4-201 , 16-4-209 , 16-4-213 , 16-4-312 , and 16-4-420 , and agency liquor stores under 16-2-101 .
Mont. Code Ann. § 16-11-404 — MT Code / Title 16 / Chapter 11 / Part 4 / Section 16-11-404
16-11-404 Attorney fees and costs
Status: in_force

16-11-404 . Attorney fees and costs. (1) In an action under 16-11-403 (2)(c), the court, upon a finding that a tobacco product manufacturer has failed to comply with its obligations under 16-11-403 (1) or (2)(a), shall award the attorney general the expenses incurred in investigating the claim, the costs of suit, and reasonable attorney fees. In cases in which outside counsel represents the attorney general, the attorney fees awarded must equal the outside counsel charges reasonably incurred by the attorney general for attorney fees and expenses in prosecuting the action. In all other cases, the attorney fees must be calculated by reference to the hourly rate charged by the agency legal services bureau for the provision of legal services to state agencies, multiplied by the number of attorney hours devoted to the prosecution of the action, plus the actual cost of any expenses reasonably incurred in the prosecution of the action.

(2) Investigation expenses, attorney fees, and costs recovered under this section are allocated to the department of justice for deposit in the attorney general's major litigation account and may be used by the attorney general for any purpose for which funds appropriated to that account may be used. (Certain provisions void on occurrence of contingency--sec. 16, Ch. 397, L. 2003.)
Mont. Code Ann. § 16-11-306 — MT Code / Title 16 / Chapter 11 / Part 3 / Section 16-11-306
16-11-306 Sales of tobacco, alternative nicotine products, or vapor products through vending machines restricted
Status: in_force

16-11-306 . Sales of tobacco, alternative nicotine products, or vapor products through vending machines restricted. (1) Tobacco products, alternative nicotine products, and vapor products may be sold through a vending machine only in places where alcoholic beverages are sold and consumed on the premises and where the vending machine is under the direct line-of-sight supervision of the owner or an employee of the establishment. The tobacco products, alternative nicotine products, or vapor products must be in a vending machine that contains only tobacco products, alternative nicotine products, or vapor products.

(2) Tobacco products, alternative nicotine products, or vapor products may not be sold through a vending machine that is located in a restaurant unless the restaurant has a bar, the restaurant area shares seating with the bar area, and the vending machine meets the requirements of subsection (1).

(3) The sale of tobacco products, alternative nicotine products, or vapor products from a vending machine under the direct line-of-sight supervision of an owner or employee is considered a sale of tobacco products, alternative nicotine products, or vapor products by the owner or employee for the purposes of 16-11-305 .
Mont. Code Ann. § 16-11-123 — MT Code / Title 16 / Chapter 11 / Part 1 / Section 16-11-123
16-11-123 Display of license
Status: in_force

16-11-123 . Display of license. (1) Each license shall be prominently displayed on the licensed premises, and a separate license shall be displayed at each place of business owned, controlled, or operated by such wholesaler, subjobber, retailer, or cigarette vendor.

(2) Each cigarette vendor shall affix a license decal furnished by the department in a prominent position on each vending machine.
Mont. Code Ann. § 16-6-208 — MT Code / Title 16 / Chapter 6 / Part 2 / Section 16-6-208
16-6-208 Inference of intoxicating beverage
Status: in_force

16-6-208 . Inference of intoxicating beverage. The court trying a case shall, in the absence of proof to the contrary, be at liberty to infer that the alcoholic beverage in question is intoxicating from the fact that a witness described it as intoxicating or by a name which is commonly applied to an intoxicating beverage.
Mont. Code Ann. § 16-3-101 — MT Code / Title 16 / Chapter 3 / Part 1 / Section 16-3-101
16-3-101 Alcoholic beverage transactions -- only in accordance with code
Status: in_force

16-3-101 . Alcoholic beverage transactions -- only in accordance with code. (1) A person who manufactures, imports, distributes, or sells alcoholic beverages or the person's agent may not give or sell to any person within the state any alcoholic beverage except as may be permitted by and in accordance with the provisions of this code.

(2) (a) Except as otherwise provided by this code, a person or the person's agent may not ship, transport, or consign or cause to be shipped, transported, or consigned:

(i) any alcoholic beverage to any person in this state; or

(ii) any liquor except to the state liquor warehouse.

(b) The prohibition in subsection (2)(a) includes alcoholic beverages ordered or purchased by telephone, computer, or other device.
Mont. Code Ann. § 16-11-302 — MT Code / Title 16 / Chapter 11 / Part 3 / Section 16-11-302
16-11-302 Definitions
Status: in_force

16-11-302 . Definitions. For the purposes of 16-11-301 through 16-11-308 , the following definitions apply:

(1) (a) "Alternative nicotine product" means any manufactured noncombustible product containing nicotine derived from tobacco that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means.

(b) The term does not include a tobacco product, a vapor product, or a product regulated as a drug or device by the United States food and drug administration under Chapter V of the Federal Food, Drug, and Cosmetic Act.

(2) "Distribute" means:

(a) to give, deliver, sample, or sell;

(b) to offer to give, deliver, sample, or sell; or

(c) to cause or hire another person to give, deliver, sample, or sell or offer to give, deliver, sample, or sell.

(3) "Health warning" means a tobacco product label required by federal law and intended to alert users of the product to the health risks associated with tobacco use. The term includes warning labels required under the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986.

(4) "License" means a retail tobacco product sales license.

(5) "Person" means a natural person, company, corporation, firm, partnership, organization, or other legal entity.

(6) (a) "Tobacco product" means a substance intended for human consumption that contains tobacco. The term includes cigarettes, cigars, snuff, smoking tobacco, and smokeless tobacco.

(b) The term does not include an alternative nicotine product, a vapor product, or a product regulated as a drug or device by the United States food and drug administration under Chapter V of the Federal Food, Drug, and Cosmetic Act.

(7) (a) "Vapor product" means a noncombustible product that may contain nicotine and that uses a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to produce vapor from a solution or other substance. The term includes an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and a vapor cartridge or other container that may contain nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.

(b) The term does not include a product regulated as a drug or device by the United States food and drug administration under Chapter V of the Federal Food, Drug, and Cosmetic Act.
Mont. Code Ann. § 16-4-433 — MT Code / Title 16 / Chapter 4 / Part 4 / Section 16-4-433
16-4-433 Temporary operating authority
Status: in_force

16-4-433 . Temporary operating authority. (1) The department may grant temporary operating authority to an applicant for a license issued under this code for a period not to exceed 180 days. The department may not extend the period of temporary operating authority beyond 180 days and may not grant temporary operating authority more than once for the same application.

(2) To be eligible to obtain temporary operating authority, and in addition to application requirements established by the department, the following requirements must be met:

(a) the license applied for must be currently operated at the proposed premises and the premises must not have been altered from the last approved floor plan; or

(b) the applicant must be a current licensee in good standing.

(3) An applicant is eligible to exercise all of the privileges of the license if temporary operating authority is granted by the department.

(4) The department may refuse to grant temporary operating authority if the department believes that the applicant is not qualified to hold a license, the applicant's proposed premises are not suitable for the operation of the business, or the department has adverse information about the applicant or the applicant's owners, officers, or managers. The department may immediately revoke temporary operating authority if the applicant or applicant's employees violate any provision of this code or any rules adopted under it. The refusal to grant temporary operating authority is not a contested case under the Montana Administrative Procedure Act.

(5) The granting of temporary operating authority is not a temporary license or a permit. It does not guarantee that the department will grant the application if it finds that the applicant is not qualified to hold a license or the premises are not suitable for the operation of the business.
Mont. Code Ann. § 16-12-117 — MT Code / Title 16 / Chapter 12 / Part 1 / Section 16-12-117
16-12-117 Synthetic cannabinoid products prohibited -- restriction on sale of marijuana products
Status: in_force

16-12-117 . Synthetic cannabinoid products prohibited -- restriction on sale of marijuana products. (1) A person may not manufacture, process, store, or offer for sale a synthetic cannabinoid or a synthetic cannabinoid product.

(2) Marijuana and marijuana products may only be sold by a manufacturer licensed under 16-12-222 , a cultivator licensed under 16-12-223 , or a dispensary licensed under 16-12-224 unless the products are authorized as a drug by the United States food and drug administration. Products under this section may not exceed the potency levels established in 16-12-224 .

(3) Hemp and hemp products sold by any person may not exceed 0.5 milligrams of total delta-9 THC for each serving and may not exceed 2 milligrams of total delta-9 THC per package.

(4) This section does not apply to unadulterated hemp flower that is not further processed into extracts, infused products, or concentrates.
Mont. Code Ann. § 16-11-310 — MT Code / Title 16 / Chapter 11 / Part 3 / Section 16-11-310
16-11-310 Minors not liable for possession or attempt to purchase
Status: in_force

16-11-310 . Minors not liable for possession or attempt to purchase. An individual under 18 years of age assisting in the enforcement of this part is not liable under a civil or criminal law for the possession of or the attempt to purchase a tobacco product, alternative nicotine product, or vapor product for the purposes of enforcing this part.
Mont. Code Ann. § 16-2-301 — MT Code / Title 16 / Chapter 2 / Part 3 / Section 16-2-301
16-2-301 Retail selling price on table wine
Status: in_force

16-2-301 . Retail selling price on table wine. The retail selling price at which table wine is sold at an agency liquor store is as determined by the agent.
Mont. Code Ann. § 16-1-411 — MT Code / Title 16 / Chapter 1 / Part 4 / Section 16-1-411
16-1-411 Tax on wine and hard cider -- penalty and interest
Status: in_force

16-1-411 . Tax on wine and hard cider -- penalty and interest. (1) (a) A tax of 27 cents a liter is imposed on sacramental wine and table wine, except hard cider, sold by:

(i) a distributor to licensed retailers, agency liquor stores, and special permit holders;

(ii) a licensed winery directly to licensed retailers, special permit holders, or the public; and

(iii) a registered winery directly to the public.

(b) A tax of 3.7 cents a liter is imposed on hard cider sold by:

(i) a distributor to licensed retailers, agency liquor stores, and special permit holders;

(ii) a licensed winery directly to retailers, special permit holders, or the public; and

(iii) a registered winery directly to the public.

(2) The tax imposed in subsection (1) must be paid as follows:

(a) A winery registered pursuant to 16-4-107 that sells more than 1,000 liters of sacramental wine, table wine, or hard cider, in any combination, to consumers in the state during a period beginning October 1 and ending September 30 shall electronically file a wine tax return or a hard cider tax return, or both, and pay the tax on a quarterly basis on or before the 15th day of each quarter during the following period that begins October 1 and ends September 30.

(b) A winery registered pursuant to 16-4-107 that sells 1,000 liters or less of sacramental wine, table wine, or hard cider, in any combination, to consumers in the state during a period beginning October 1 and ending September 30 shall electronically file a wine tax return or a hard cider tax return, or both, and pay the tax on or before October 15 of the following period that begins October 1 and ends September 30.

(c) A winery licensed pursuant to 16-4-107 that sells sacramental wine, table wine, or hard cider to consumers or licensed retailers in the state or that sells table wine to agency liquor stores for sale to consumers in the state shall electronically file a wine tax return or a hard cider tax return, or both, and pay the tax on a quarterly basis on or before the 15th of each quarter for sales in the previous quarter.

(d) A distributor that sells sacramental wine, table wine, or hard cider in the state shall electronically file a wine tax return or a hard cider tax return, or both, and pay the tax on a quarterly basis on or before the 15th day of each quarter for sales in the previous quarter.

(3) The tax paid by a winery or by a distributor in accordance with subsection (2) must, in accordance with the provisions of 17-2-124 , be distributed as follows:

(a) 69% to the state general fund; and

(b) 31% to the state special revenue fund to the credit of the department of public health and human services for the treatment, rehabilitation, and prevention of alcoholism and chemical dependency.

(4) The tax computed and paid in accordance with this section is the only tax imposed by the state or any of its subdivisions, including cities and towns.

(5) For the purposes of this section, "table wine" has the meaning assigned in 16-1-106 but does not include hard cider.
Mont. Code Ann. § 16-3-316 — MT Code / Title 16 / Chapter 3 / Part 3 / Section 16-3-316
16-3-316 Fundraising events for nonprofit and tax-exempt organizations
Status: in_force

16-3-316 . Fundraising events for nonprofit and tax-exempt organizations. (1) A nonprofit organization governed under Title 35, chapter 2, or an organization designated as tax-exempt under the provisions of section 501(c) of the Internal Revenue Code, 26 U.S.C. 501(c), as amended, may raffle or auction alcoholic beverages at fundraising events. Any alcoholic beverage raffled or auctioned must be given by the organization to the raffle or auction winner sealed in its original package.

(2) If the fundraising event is held on the premises of a business licensed under this code or on premises for which a permit has been issued under this code, the alcoholic beverage may not be consumed on the premises. An alcoholic beverage that is on a licensee's premises solely for a fundraising event under this section does not constitute a violation by the licensee of 16-3-301 (1)(a) or 16-6-303 .

(3) A nonprofit or tax-exempt organization may hold no more than four events per calendar year at which alcoholic beverages are raffled or auctioned. The duration of each event must be announced at the time any raffle tickets are sold or auction bids are received. Raffles and auctions held pursuant to this section must be to directly support bona fide charitable, nonprofit, or tax-exempt activities.

(4) An alcoholic beverage for raffle or auction must be:

(a) acquired, whether by purchase or donation, by the organization from a retailer or manufacturer licensed under the provisions of this code;

(b) acquired, whether by purchase at not less than the posted price or by donation, by the organization from an agency liquor store; or

(c) received by the organization as a donation at no cost to the organization from any other person except one licensed as a distributor under this code.

(5) No proceeds from the raffle or auction of alcoholic beverages may go to anyone who provided the alcoholic beverages to the organization for the raffle or auction.

(6) For a raffle or auction described in subsection (1), raffle tickets may not be sold to, and auction bids may not be solicited or received from, any person under 21 years of age. The organization raffling or auctioning alcoholic beverages may not sell, deliver, or give away any alcoholic beverage to a person under 21 years of age or to any person actually, apparently, or obviously intoxicated.

(7) As used in this section:

(a) "auction" means the sale of an item or items, which may include alcoholic beverages, whereby the item for sale is sold to the highest bidder at the bid price. An auctioned item or items may have a reserve price.

(b) "raffle" means an event in which a nonprofit or tax-exempt organization sells tickets and each ticket gives the purchaser of the ticket the chance to win a prize, which may include alcoholic beverages, with the winner determined by a random drawing.
Mont. Code Ann. § 16-12-206 — MT Code / Title 16 / Chapter 12 / Part 2 / Section 16-12-206
16-12-206 Testing laboratories -- licensing inspections
Status: in_force

16-12-206 . Testing laboratories -- licensing inspections. (1) A testing laboratory may:

(a) measure the tetrahydrocannabinol, tetrahydrocannabinolic acid, cannabidiol, and cannabidiolic acid content of marijuana and marijuana products; and

(b) test marijuana and marijuana products for pesticides, solvents, moisture levels, mold, mildew, and other contaminants. A testing laboratory may transport samples to be tested.

(2) A licensed testing laboratory shall employ a scientific director who is responsible for ensuring the achievement and maintenance of quality standards of practice. A scientific director must have the following minimum qualifications:

(a) a doctorate in chemical or biological sciences from a college or university accredited by a national or regional certifying authority and a minimum of 2 years of postdegree laboratory experience; or

(b) a master's degree in chemical or biological sciences from a college or university accredited by a national or regional certifying authority and a minimum of 4 years of postdegree laboratory experience.

(3) All owners and employees of a testing laboratory shall submit fingerprints to the department to facilitate a fingerprint and background check as set forth in 16-12-129 . A testing laboratory may not be owned, operated, or staffed by a person who has been convicted of a felony offense.

(4) To qualify for licensure, a testing laboratory shall demonstrate that:

(a) staff members are proficient in operation of the laboratory equipment; and

(b) the laboratory:

(i) maintains the equipment and instrumentation required by rule;

(ii) has all equipment and instrumentation necessary to certify results that meet the quality assurance testing requirements established by rule, including the ability to certify results at the required level of sensitivity;

(iii) meets insurance and bonding requirements established by rule;

(iv) has the capacity and ability to serve rural areas of the state; and

(v) has passed a proficiency program approved by the department that demonstrates it is able to meet all testing requirements.

(5) Except as provided in 16-12-209 , a testing laboratory shall conduct tests of:

(a) samples of marijuana and marijuana products submitted by cultivators and manufacturers pursuant to 16-12-209 and related administrative rules prior to sale of the marijuana or marijuana products;

(b) samples of marijuana or marijuana products collected by the department during inspections of licensed premises; and

(c) samples submitted by consumers or registered cardholders.
Mont. Code Ann. § 16-3-406 — MT Code / Title 16 / Chapter 3 / Part 4 / Section 16-3-406
16-3-406 Financial interest in retailers prohibited
Status: in_force

16-3-406 . Financial interest in retailers prohibited. (1) A winery may not advance or loan money to, or furnish money for, or pay for or on behalf of any retailer any license or tax that may be required to be paid by any retailer, and a winery may not be financially interested, either directly or indirectly, in the conduct or operation of the business of a retailer.

(2) A winery is considered to have a financial interest if:

(a) the winery owns or holds any interest in or a lien or mortgage against the retailer or the retailer's premises; or

(b) the winery is under any contract with a retailer concerning future purchases or the sale of merchandise by one from or to the other.
Mont. Code Ann. § 16-4-210 — MT Code / Title 16 / Chapter 4 / Part 2 / Section 16-4-210
16-4-210 Resort license -- tour boat endorsement
Status: in_force

16-4-210 . Resort license -- tour boat endorsement. (1) A holder of a resort all-beverages license issued under 16-4-213 may be issued a tour boat endorsement to allow the sale of alcoholic beverages to passengers on boats at least 40 feet in length and equipped to carry at least 50 passengers.

(2) The endorsement must be issued upon written application to the department and submission of an annual fee of $200. The applicant must also submit proof:

(a) of compliance with the following requirements:

(i) county health department inspection and approval of food services offered on the boat;

(ii) inspection and approval by the department of fish, wildlife, and parks of boat safety equipment requirements;

(iii) current boat registration; and

(iv) business liability insurance coverage; and

(b) that the registered owner of the tour boat is:

(i) a resort all-beverages licensee;

(ii) an individual named on a resort all-beverages license; or

(iii) a stockholder owning 10% or more of any class of stock in a corporate resort all-beverages license.

(3) Alcoholic beverages may be sold pursuant to the endorsement authorized in subsection (1) only while the boat is underway within 30 miles of the resort boundary or is in preparation for scheduled departure. Except as provided in this subsection, no alcoholic beverages may be sold or served when the boat is secured at its or any other mooring.

(4) Sale of alcoholic beverages under the endorsement is subject to all other requirements imposed for any all-beverages license issued under this part.
Mont. Code Ann. § 16-12-209 — MT Code / Title 16 / Chapter 12 / Part 2 / Section 16-12-209
16-12-209 Testing of marijuana and marijuana products
Status: in_force

16-12-209 . Testing of marijuana and marijuana products. (1) A cultivator, manufacturer, adult-use dispensary, or medical marijuana dispensary may not sell marijuana or marijuana products until the marijuana or marijuana products have been tested by a testing laboratory and meet the requirements of this section. The licensee shall pay for the testing.

(2) A licensee shall submit material that has been collected in accordance with a sampling protocol established by the department by rule. The protocol must address the division of marijuana and marijuana products into batch sizes for testing.

(3) The department shall adopt rules regarding the types of tests that must be performed to ensure product safety and consumer protection. Rules must include but are not limited to testing for:

(a) the potency of the cannabinoids present; and

(b) the presence of contaminants.

(4) The testing laboratory shall conduct a visual inspection of each batch to determine the presence of levels of foreign matter, debris, insects, and visible mold.

(5) The department shall establish by rule the acceptable levels of moisture, pesticides, residual solvents, mold, mildew, foreign matter, debris, insects, and other contaminants that marijuana products may contain.

(6) The testing laboratory shall:

(a) issue a certificate of analysis certifying the test results; and

(b) report the results to the seed-to-sale tracking system established pursuant to 16-12-105 .

(7) A licensee may request that material that has failed to pass the required tests be retested in accordance with the rules adopted by the department providing for retesting parameters and requirements.

(8) Marijuana or a marijuana product must include a label indicating that the marijuana or marijuana product has been tested.

(9) (a) The department shall collect and, except as provided in subsection (9)(b), destroy samples of marijuana and marijuana products that fail to meet the acceptable levels to ensure product safety and consumer protection.

(b) If a sample fails due to THC levels in excess of the allowable limit and is not deficient in any other respect, the department may dispose of the sample by means other than destruction in accordance with rule.

(c) The department may contract for the duties under this subsection (9).
Mont. Code Ann. § 16-1-203 — MT Code / Title 16 / Chapter 1 / Part 2 / Section 16-1-203
16-1-203 Health professions exemption
Status: in_force

16-1-203 . Health professions exemption. A physician, dentist, veterinarian, or pharmacist, acting within the scope of the individual's professional responsibility and license to practice, who prescribes, prepares, or administers alcohol or substances containing alcohol and sells or charges a fee does not violate the prohibitions of this code.
Mont. Code Ann. § 16-11-117 — MT Code / Title 16 / Chapter 11 / Part 1 / Section 16-11-117
16-11-117 When payment for insignia due
Status: in_force

16-11-117 . When payment for insignia due. The department may permit a licensed wholesaler to pay for the insignia purchased, or affixation of insignia, within 30 days. To be eligible to defer payment, a wholesaler shall file with the department either a surety bond or other cash security, as approved by the department, for the amount that the department may fix, but not in excess of an amount equal to the maximum insignia purchases incurred for any 30-day period in the previous calendar year. Any newly licensed wholesaler shall pay on a cash basis for 1 complete calendar year, after which the department may permit the wholesaler 30 days to pay for the purchase or affixation of insignia and shall require a bond or security as provided in this section.
Mont. Code Ann. § 16-11-132 — MT Code / Title 16 / Chapter 11 / Part 1 / Section 16-11-132
16-11-132 Unlawful to sell tobacco products without valid license -- exceptions
Status: in_force

16-11-132 . Unlawful to sell tobacco products without valid license -- exceptions. (1) Unless approved by the department, a person may not sell, offer to sell, or possess with intent to sell any tobacco products, at wholesale or retail, unless the person's license is current and valid under the provisions of this part.

(2) A person may not sell, offer to sell, or possess with intent to sell any tobacco products, at wholesale or retail, to a resident or nonresident wholesaler, subjobber, tobacco product vendor, or retailer who is not licensed under this part or who is not licensed by the state in which the person sells, offers to sell, or intends to sell tobacco products. However, a wholesaler, subjobber, tobacco product vendor, or retailer licensed under the provisions of this chapter may sell cigarettes to any person, wholesaler, subjobber, tobacco product vendor, or retailer not licensed under this chapter if:

(a) the person, wholesaler, subjobber, tobacco product vendor, or retailer is exempt from state tobacco product taxation provisions;

(b) the person, wholesaler, subjobber, tobacco product vendor, or retailer furnishes documentary evidence of exemption from state tobacco product taxation provisions; and

(c) the person, wholesaler, subjobber, tobacco product vendor, or retailer signs a receipt of purchase for any tobacco products evidencing an exemption from state tobacco product taxation provisions.

(3) A person violating the provisions of this section shall be punished as provided in 16-11-148 , and all tobacco products in the person's possession must be seized, forfeited, and destroyed pursuant to 16-11-147 , 16-11-158 , and 16-11-159 .
Mont. Code Ann. § 16-11-307 — MT Code / Title 16 / Chapter 11 / Part 3 / Section 16-11-307
16-11-307 Distribution of tobacco products in other than sealed packages prohibited -- minimum package size
Status: in_force

16-11-307 . Distribution of tobacco products in other than sealed packages prohibited -- minimum package size. (1) A person may not distribute a tobacco product for commercial purposes in other than a sealed package that is provided by the manufacturer and that contains the health warning required by federal law. Single cigarettes may not be sold.

(2) A person may not knowingly manufacture or distribute for commercial purposes cigarettes in a package containing fewer than 20 cigarettes or rolling tobacco in a package containing less than 0.6 ounces net weight of tobacco. For purposes of 16-11-308 and this section, "rolling tobacco" means any tobacco that, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to or purchased by consumers as tobacco for making cigarettes.
Mont. Code Ann. § 16-12-501 — MT Code / Title 16 / Chapter 12 / Part 5 / Section 16-12-501
16-12-501 Purpose
Status: in_force

16-12-501 . Purpose. The purpose of this part is to:

(1) provide a regulatory system for providing marijuana for the use of individuals with debilitating medical conditions, including posttraumatic stress disorder, in order to alleviate the symptoms of the debilitating medical condition;

(2) allow for the limited cultivation, manufacture, delivery, and possession of marijuana as permitted by this chapter;

(3) allow persons to assist registered cardholders with the cultivation of marijuana and manufacture of marijuana products permitted by this chapter.

(4) provide for a registry of individuals with debilitating medical conditions entitled to purchase marijuana and marijuana products at the tax rate specified in 15-64-102 ; and

(5) provide the process for obtaining a registry identification card.
Mont. Code Ann. § 16-4-112 — MT Code / Title 16 / Chapter 4 / Part 1 / Section 16-4-112
16-4-112 Catering endorsement -- university or college sporting events -- revenue sharing
Status: in_force

16-4-112 . Catering endorsement -- university or college sporting events -- revenue sharing. (1) A Montana university may contract with a licensed entity with a catering endorsement under 16-4-111 to serve beer and wine or under 16-4-204 to serve liquor, beer, and wine at a sporting event held by the Montana university.

(2) The licensee may contract with the Montana university relating to the revenue sharing as permitted in 16-4-111 and 16-4-204 .

(3) For the purposes of this section, the term "Montana university" means:

(a) a unit of the Montana university system as defined in 20-25-201 ; or

(b) any other postsecondary institution in the state.
Mont. Code Ann. § 16-6-308 — MT Code / Title 16 / Chapter 6 / Part 3 / Section 16-6-308
16-6-308 Patent medicine prohibition
Status: in_force

16-6-308 . Patent medicine prohibition. From and after the date of notification under 16-1-202 (3), any person within the state selling or keeping for sale any such proprietary or patent medicine, extract, essence, tincture, or preparation so prohibited shall be guilty of an offense under this code.
Mont. Code Ann. § 16-12-225 — MT Code / Title 16 / Chapter 12 / Part 2 / Section 16-12-225
16-12-225 Combined-use marijuana licensing -- requirements
Status: in_force

16-12-225 . Combined-use marijuana licensing -- requirements. (1) The department may issue a total of eight combined-use marijuana licenses to entities that are:

(a) a federally recognized tribe located in the state; or

(b) a business entity that is majority-owned by a federally recognized tribe located in the state.

(2) A combined-use marijuana license consists of one cultivator license and one dispensary license allowing for the operation of a dispensary.

(3) Initial licensure and annual fees for a combined-use license is $7,500.

(4) A combined-use marijuana licensee shall operate its cultivation and dispensary facilities on land that is located in a county that has satisfied the local government approval provisions in 16-12-301 if the majority of voters in the county voted against approval of Initiative Measure No. 190 in the November 3, 2020, general election.

(5) An applicant under this section must satisfy all licensing requirements under this chapter and is subject to all fees and taxes associated with the cultivation and sale of marijuana or marijuana products provided for in this chapter.

(6) A license granted under this section must be operated in compliance with all requirements imposed under this chapter.

(7) After a tribe or a majority-owned business of that tribe is licensed under this section, that tribe or another majority-owned business of that tribe may not obtain another combined-use license until the prior license is relinquished, lapses, or is revoked by the department.
Mont. Code Ann. § 16-12-224 — MT Code / Title 16 / Chapter 12 / Part 2 / Section 16-12-224
16-12-224 Licensing of dispensaries
Status: in_force

16-12-224 . (Temporary) Licensing of dispensaries. (1) An applicant for a dispensary license shall demonstrate that the local government approval provisions in 16-12-301 have been satisfied in the jurisdiction where each proposed dispensary is located if the proposed dispensary would be located in a county in which the majority of voters voted against approval of Initiative Measure No. 190 in the November 3, 2020, general election.

(2) When evaluating an initial or renewal application, the department shall evaluate each proposed dispensary for compliance with the provisions of 16-12-207 and 16-12-210 .

(3) An adult-use dispensary licensee may operate at a shared location with a medical marijuana dispensary if the adult-use dispensary and medical marijuana dispensary are owned by the same person.

(4) A medical marijuana dispensary is authorized to sell exclusively to registered cardholders marijuana, marijuana products, and live marijuana plants.

(5) An adult-use dispensary is authorized to sell marijuana, marijuana products, and live marijuana plants to consumers or registered cardholders.

(6) (a) The department shall charge a dispensary license fee for an initial application and at each renewal.

(b) The dispensary license fee is $5,000 for the first location that a licensee operates as an adult-use dispensary or a medical marijuana dispensary. The dispensary license fee increases cumulatively by $5,000 for each additional location under the same license.

(7) The department may adopt rules:

(a) for inspection of proposed dispensaries;

(b) for investigating owners or applicants for a determination of financial interest; and

(c) establishing or limiting the THC content of the marijuana or marijuana products that may be sold at an adult-use dispensary or medical marijuana dispensary.

(8) (a) Marijuana and marijuana products sold at a dispensary are regulated and sold on the basis of the concentration of THC in the products and not by weight.

(b) Except as provided in subsection (8)(d), for purposes of this chapter, a single package is limited to:

(i) for marijuana sold as flower, 1 ounce of usable marijuana. The total potential psychoactive THC of marijuana flower may not exceed 35%.

(ii) for a marijuana product sold as a capsule, no more than 100 milligrams of THC per capsule and no more than 800 milligrams of THC per package.

(iii) for a marijuana product sold as a tincture, no more than 800 milligrams of THC;

(iv) for a marijuana product sold as an edible or a food product, no more than 100 milligrams of THC. A single serving of an edible marijuana product may not exceed 10 milligrams of THC.

(v) for a marijuana product sold as a topical product, a concentration of no more than 6% THC and no more than 800 milligrams of THC per package;

(vi) for a marijuana product sold as a suppository or transdermal patch, no more than 100 milligrams of THC per suppository or transdermal patch and no more than 800 milligrams of THC per package; and

(vii) for any other marijuana product, no more than 800 milligrams of THC.

(c) There may be a deviation of 10% above or below the allowed amount under subsections (8)(b)(ii) through (8)(b)(vii).

(d) A dispensary may sell marijuana or marijuana products having higher THC potency levels than described in subsection (8) to registered cardholders.

(9) A licensee or employee is prohibited from conducting a transaction that would result in a consumer or registered cardholder exceeding the personal possession amounts set forth in 16-12-106 and 16-12-515 .
Mont. Code Ann. § 16-1-414 — MT Code / Title 16 / Chapter 1 / Part 4 / Section 16-1-414
16-1-414 Authority to collect delinquent taxes
Status: in_force

16-1-414 . Authority to collect delinquent taxes. (1) (a) The department shall collect taxes that are delinquent as determined under this part.

(b) If a tax imposed by this part or any portion of the tax is not paid when due, the department shall impose a penalty and interest as provided in 15-1-216 and the department may issue a warrant for distraint as provided in Title 15, chapter 1, part 7.

(2) In addition to any other remedy, in order to collect delinquent taxes after the time for appeal has expired, the department may direct the offset of tax refunds or other funds due the licensee from the state, except wages subject to the provisions of 25-13-614 and retirement benefits.

(3) As provided in 15-1-705 , the licensee has the right to a review of the tax liability prior to any offset by the department.

(4) The department may file a claim for state funds on behalf of the licensee if a claim is required before funds are available for offset.

(5) An action may not be maintained to enjoin the collection of the tax or any part of the tax.
Mont. Code Ann. § 16-10-402 — MT Code / Title 16 / Chapter 10 / Part 4 / Section 16-10-402
16-10-402 Injunctive and other civil relief
Status: in_force

16-10-402 . Injunctive and other civil relief. (1) In addition to the penalty provided by 16-10-403 , any person injured or any trade association that represents a person injured by any violation of this chapter may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin the violation. If in the action a violation of this chapter is established, the court shall enjoin and restrain or otherwise prohibit the violation and, in addition, shall assess in favor of the plaintiff and against the defendant the costs of the suit and reasonable attorney fees. In the action, it is not necessary that actual damages to the plaintiff be alleged or proved, but when alleged and proved, the plaintiff in the action, in addition to injunctive relief and fees and costs of suit, is entitled to recover from the defendant the amount of actual damages sustained by the plaintiff.

(2) If injunctive relief is not sought or required, any person injured by a violation of this chapter may maintain an action for damages alone in any court of competent jurisdiction. The measure of damages in the action is the same as prescribed in subsection (1).
Mont. Code Ann. § 16-11-301 — MT Code / Title 16 / Chapter 11 / Part 3 / Section 16-11-301
16-11-301 Short title
Status: in_force

16-11-301 . Short title. This part may be cited as the "Youth Access to Tobacco Products Control Act".
Mont. Code Ann. § 16-4-1006 — MT Code / Title 16 / Chapter 4 / Part 10 / Section 16-4-1006
16-4-1006 Responsible server and sales training program
Status: in_force

16-4-1006 . Responsible server and sales training program. (1) Subject to subsection (2), the department shall certify all server and sales training programs that include the following:

(a) effects of alcohol on the human body;

(b) information, including criminal, civil, and administrative penalties, related to 27-1-710 and this code;

(c) procedures for checking identification, including government-certified digital identification cards;

(d) procedures for gathering proper documentation that may affect the licensee's liability;

(e) training for skills to handle difficult situations and to learn evaluation techniques regarding intoxicated persons or others that pose potential liability;

(f) a final test; and

(g) a certificate of completion, which must be provided to participants who pass the final test.

(2) The department shall certify two classes of training programs based on the nature of employment of the individual as follows:

(a) programs for employees of licensed locations that provide for on-premises consumption; and

(b) programs for employees of licensees that only provide for off-premises consumption. A training program under this subsection (2)(b) must be completed within at least half of the time for programs under subsection (2)(a).

(3) The department may not provide a responsible server and sales training program.
Mont. Code Ann. § 16-6-103 — MT Code / Title 16 / Chapter 6 / Part 1 / Section 16-6-103
16-6-103 Examination of licensee's or agency liquor store premises and carriers' cars and aircraft -- access control systems permitted -- rulemaking
Status: in_force

16-6-103 . Examination of licensee's or agency liquor store premises and carriers' cars and aircraft -- access control systems permitted -- rulemaking. (1) The department of justice or its representative or a peace officer may at any time examine the premises of a licensee or agency liquor store to determine whether the laws of Montana and the rules of the department or the department of justice are being complied with and also may inspect cars or aircraft of any common carrier system licensed under this code.

(2) (a) Nothing in subsection (1) prohibits a retail licensee who also is licensed under Title 23 from implementing an access control system that meets the requirements of this section.

(b) A retail licensee implementing an access control system shall notify the department and local law enforcement prior to the date the licensee begins using an access control system. A licensee shall also notify the department and local law enforcement when the licensee ceases to use the access control system.

(3) The department may adopt rules to implement this section.

(4) For the purposes of this section, the following definitions apply:

(a) "Access control system" means any system that temporarily restricts access to the licensed premises during business hours by locking the main entrance and requiring a person to gain access by approval of the licensee or employees of the licensee. An access control system must provide immediate access to the department or its representative or a local peace officer.

(b) "Immediate access" means that the department or its representative or a local peace officer who is identified as such is not unreasonably denied access to the premises.
Mont. Code Ann. § 16-3-509 — MT Code / Title 16 / Chapter 3 / Part 5 / Section 16-3-509
16-3-509 Distributors' service obligations for beer -- applicability
Status: in_force

16-3-509 . Distributors' service obligations for beer -- applicability. (1) A distributor appointed to distribute a brand of beer within a territory specified by agreement pursuant to 16-3-505 shall call on and offer that brand to at least 75% of the retailers within that territory at least every 3 weeks. However, if the brand of beer for which the distributor is appointed is a product of a brewer or beer importer whose products are not generally available, the distributor shall, at least every 3 weeks, call on and offer that brand to as many retailers within that territory as is reasonably possible given the amount of that brand that is available to the distributor.

(2) If a retailer's account with a distributor is current as required under 16-3-243 , the distributor may not refuse to sell the retailer any generally available brand of beer for which the distributor has been appointed for the territory in which the retailer is located. The distributor shall offer to deliver the beer to the retailer at least every 3 weeks.

(3) For the purposes of this section, a brewer or beer importer's products are not generally available if:

(a) all of the brands of a brewer or beer importer shipped to a distributor during the most recent calendar quarter total less than 600 barrels;

(b) all of the brands of a brewer or beer importer shipped into the state total less than 1,200 barrels in each of the 2 consecutive preceding calendar quarters; and

(c) all of the brands produced by the brewer at all of its facilities total less than 150,000 barrels per year.

(4) This section applies to all beer distribution agreements entered into, assigned, or amended after July 1, 1986. It does not apply to a distribution agreement for a named brand entered into before July 1, 1986, but does not prohibit a brewer who is a party to an agreement from requiring the appointed distributor to fulfill similar service obligations in the territory.
Mont. Code Ann. § 16-1-401 — MT Code / Title 16 / Chapter 1 / Part 4 / Section 16-1-401
16-1-401 Liquor excise tax
Status: in_force

16-1-401 . Liquor excise tax. (1) Except as provided in subsection (3), the department shall collect at the time of the sale and delivery of any liquor as authorized under any provision of the laws of the state of Montana an excise tax at a rate that is the percent of the retail selling price determined in accordance with the following schedule based on all liquor sold and delivered in the state by a company that manufactured, distilled, rectified, bottled, or processed the liquor and sold the specified number of proof gallons of liquor nationwide in the calendar year preceding imposition of the tax pursuant to this section:

Nationwide production Tax rate Less than 20,000 proof gallons 3% 20,000 to 50,000 proof gallons 8% 50,001 to 200,000 proof gallons 13.8% Over 200,000 proof gallons 16%

(2) The department shall retain the amount of the excise tax received in a separate account and shall, in accordance with the provisions of 17-2-124 , deposit, to the credit of the general fund, the amount collected and received not later than the 10th day of each month.

(3) The following are exempt from the tax imposed by this section:

(a) flavors and other nonbeverage ingredients containing alcohol that are imported or purchased by a brewery under conditions set by the department as provided in 16-3-214 ; and

(b) necessary distilled spirits imported in bulk for use by a distillery or microdistillery under conditions set by the department as provided in 16-4-311 and 16-4-312 .
Mont. Code Ann. § 16-3-323 — MT Code / Title 16 / Chapter 3 / Part 3 / Section 16-3-323
16-3-323 Enforcement
Status: in_force

16-3-323 . Enforcement. (1) A law enforcement officer may not request information on file about the original purchaser of a keg unless in connection with a violation of 16-6-305 , 45-5-623 , or 45-5-638 (4). The officer shall return any recovered keg to the licensee and verify the information on file about the original purchaser.

(2) The deposit on the keg and any related deposit to the licensee must be forfeited by the original purchaser.
Mont. Code Ann. § 16-2-203 — MT Code / Title 16 / Chapter 2 / Part 2 / Section 16-2-203
16-2-203 Sales to licensees
Status: in_force

16-2-203 . Sales to licensees. Agency liquor stores may sell to licensees licensed under this code all kinds of liquor at the posted price. All sales must be paid for at the time of sale or made as provided in 16-2-111 .
Mont. Code Ann. § 16-4-1004 — MT Code / Title 16 / Chapter 4 / Part 10 / Section 16-4-1004
16-4-1004 Notification -- violation -- penalty
Status: in_force

16-4-1004 . Notification -- violation -- penalty. (1) A licensee shall certify annually on its license renewal form that the licensee is in compliance with the provisions of this part.

(2) A license renewal form that falsely includes information that the licensee, their employees, or independent contractors have been trained pursuant to this part is a violation of this code.

(3) If, after an investigation under 16-4-406 , a licensee is determined to have violated subsection (2) of this section, the licensee must be assessed an administrative penalty under 16-4-406 or the penalty for false swearing under 45-7-202 .
Mont. Code Ann. § 16-1-416 — MT Code / Title 16 / Chapter 1 / Part 4 / Section 16-1-416
16-1-416 Department rulemaking
Status: in_force

16-1-416 . Department rulemaking. The department shall prescribe rules necessary to carry out the purposes of imposing and collecting the tax on the sale of alcoholic beverages.
Mont. Code Ann. § 16-3-106 — MT Code / Title 16 / Chapter 3 / Part 1 / Section 16-3-106
16-3-106 Conveyance of alcoholic beverages -- opening alcoholic beverages during transit forbidden
Status: in_force

16-3-106 . Conveyance of alcoholic beverages -- opening alcoholic beverages during transit forbidden. (1) It is lawful to carry or convey alcoholic beverages to any place to which the alcoholic beverages may be lawfully delivered under this code and the rules of the department.

(2) It is unlawful to:

(a) open, break, or allow to be opened or broken any package or vessel containing an alcoholic beverage; or

(b) drink or use or allow to be drunk or used any alcoholic beverage while it is being carried or conveyed.
Mont. Code Ann. § 16-11-118 — MT Code / Title 16 / Chapter 11 / Part 1 / Section 16-11-118
16-11-118 Records of wholesalers, subjobbers, tobacco product vendors, and retailers
Status: in_force

16-11-118 . Records of wholesalers, subjobbers, tobacco product vendors, and retailers. (1) All wholesalers and subjobbers shall keep for 3 years all:

(a) invoices of tobacco products purchased, imported, or sold;

(b) all receipts issued and insignia purchased; and

(c) an accurate record of all sales of tobacco products, showing the name and address of each purchaser, the date of sale, the quantity of each kind sold, the name of any carrier, the shipping point, and the destination.

(2) All retailers and tobacco product vendors shall keep for 3 years all invoices of tobacco products purchased and received, showing the date of each purchase, the brand purchased, the quantity of each brand purchased, and an accurate record of the total sales of tobacco products.

(3) A wholesaler, retailer, subjobber, or tobacco product vendor shall permit the department and the department of justice and their assistants, authorized agents, or representatives to examine all tobacco products, invoices, receipts, books, paper, memoranda, and records as may be necessary to determine compliance with this chapter.

(4) A person that violates the provisions of subsections (1) through (3) is subject to civil penalties as determined by the department of not less than $1,000 or more than $10,000.
Mont. Code Ann. § 16-11-304 — MT Code / Title 16 / Chapter 11 / Part 3 / Section 16-11-304
16-11-304 Signs
Status: in_force

16-11-304 . Signs. A retail seller of tobacco products, alternative nicotine products, or vapor products shall conspicuously display, at each place on the premises at which tobacco products, alternative nicotine products, or vapor products are displayed and sold, a sign that is to be provided without charge by the department of revenue that states: "Montana law prohibits the sale of tobacco products, alternative nicotine products, and vapor products to persons under 18 years of age."
Mont. Code Ann. § 16-10-201 — MT Code / Title 16 / Chapter 10 / Part 2 / Section 16-10-201
16-10-201 Wholesaler-to-wholesaler sales
Status: in_force

16-10-201 . Wholesaler-to-wholesaler sales. When one wholesaler sells cigarettes to any other wholesaler, the former may not be required to include in the selling price to the latter the cost to the wholesaler, as provided by 16-10-103 , except that no such sale may be made at a price less than the basic cost of cigarettes, as defined in 16-10-103 , but the latter wholesaler, upon resale to a retailer, is considered to be the wholesaler governed by the provisions of 16-10-103 (5).
Mont. Code Ann. § 16-12-317 — MT Code / Title 16 / Chapter 12 / Part 3 / Section 16-12-317
16-12-317 Use of local-option marijuana excise tax revenue
Status: in_force

16-12-317 . Use of local-option marijuana excise tax revenue. Unless otherwise restricted, a county or municipality may appropriate and expend revenue derived from a local-option marijuana excise tax for any activity, undertaking, or administrative service that the municipality is authorized by law to perform, including costs resulting from the imposition of the tax or due to administrative burdens imposed on the municipality as a result of licensing or regulatory requirements imposed in this chapter.
Mont. Code Ann. § 16-6-203 — MT Code / Title 16 / Chapter 6 / Part 2 / Section 16-6-203
16-6-203 Description of offense
Status: in_force

16-6-203 . Description of offense. In describing the offense respecting the sale or keeping for sale or other disposal of alcoholic beverages or the having, keeping, giving, purchasing, or consumption of alcoholic beverages in any information, summons, conviction, warrant, or proceeding under this code, it shall be sufficient to state simply the sale or keeping for sale or disposal, having, keeping, giving, purchasing, or consumption of alcoholic beverages, without stating:

(1) the name or kind of such alcoholic beverage or the price thereof;

(2) the name of any person to whom it was sold or disposed of or by whom it was taken or consumed or from whom it was purchased or received; or

(3) the quantity of alcoholic beverage, except in the case of offenses where the quantity is essential, and then it shall be sufficient to allege the sale or disposal of more or less than such quantity.
Mont. Code Ann. § 16-11-150 — MT Code / Title 16 / Chapter 11 / Part 1 / Section 16-11-150
16-11-150 Appeal to district court
Status: in_force

16-11-150 . Appeal to district court. Any person aggrieved by any action or decision of the department or the department of justice or a licensing decision of the department made under the provisions of this part may appeal to the district court in accordance with the Montana Administrative Procedure Act.
Mont. Code Ann. § 16-12-106 — MT Code / Title 16 / Chapter 12 / Part 1 / Section 16-12-106
16-12-106 Personal use and cultivation of marijuana -- penalties
Status: in_force

16-12-106 . Personal use and cultivation of marijuana -- penalties. (1) Subject to the limitations in 16-12-108 , the following acts are lawful and may not be an offense under state law or the laws of any local government within the state, be a basis to impose a civil fine, penalty, or sanction, or be a basis to detain, search, or arrest, or otherwise deny any right or privilege, or to seize or forfeit assets under state law or the laws of any local government for a person who is 21 years of age or older or a registered cardholder:

(a) possessing, purchasing, obtaining, using, ingesting, inhaling, or transporting 1 ounce or less of usable marijuana, except that not more than 8 grams may be in a concentrated form and not more than 800 milligrams of THC may be in edible marijuana products meant to be eaten or swallowed in solid form;

(b) transferring, delivering, or distributing without consideration, to a person who is 21 years of age or older or a registered cardholder, 1 ounce or less of usable marijuana, except that not more than 8 grams may be in a concentrated form and not more than 800 milligrams of THC may be in edible marijuana products meant to be eaten or swallowed in solid form;

(c) in or on the grounds of a private residence, possessing, planting, or cultivating up to two mature marijuana plants and two seedlings, or four mature marijuana plants and four seedlings for a registered cardholder, and possessing, harvesting, drying, processing, or manufacturing the marijuana, provided that:

(i) marijuana plants and any marijuana produced by the plants in excess of 1 ounce must be kept in a locked space in or on the grounds of one private residence and may not be visible by normal, unaided vision from a public place;

(ii) not more than twice the number of marijuana plants permitted under this subsection (1)(c) may be cultivated in or on the grounds of a single private residence simultaneously;

(iii) a person growing or storing marijuana plants under this subsection (1)(c) must own the private residence where the plants are cultivated and stored or obtain written permission to cultivate and store marijuana from the owner of the private residence; and

(iv) no portion of a private residence used for cultivation of marijuana and manufacture of marijuana products for personal use may be shared with, rented, or leased to a marijuana business;

(d) assisting another person who is at least 21 years of age or a registered cardholder, in any of the acts permitted by this section, including allowing another person to use one's personal residence for any of the acts described in this section; and

(e) possessing, purchasing, using, delivering, distributing, manufacturing, transferring, or selling to persons 18 years of age or older paraphernalia relating to marijuana.

(2) A person who cultivates marijuana plants that are visible by normal, unaided vision from a public place in violation of subsection (1)(c)(i) is subject to a civil fine not exceeding $250 and forfeiture of the marijuana.

(3) A person who cultivates marijuana plants or stores marijuana outside of a locked space is subject to a civil fine not exceeding $250 and forfeiture of the marijuana.

(4) A person who smokes marijuana in a public place, other than in an area licensed for that activity by the department, is subject to a civil fine not exceeding $50.

(5) For a person who is under 21 years of age and is not a registered cardholder, possession, use, delivery without consideration, or distribution without consideration of marijuana is punishable in accordance with 45-5-639 .

(6) For a person who is under 18 years of age and is not a registered cardholder, possession, use, transportation, delivery without consideration, or distribution without consideration of marijuana paraphernalia is punishable by forfeiture of the marijuana paraphernalia and 8 hours of drug education or counseling.

(7) Unless otherwise permitted under the provisions of Title 16, chapter 12, part 5, the possession, production, delivery without consideration to a person 21 years of age or older, or possession with intent to deliver more than 1 ounce but less than 2 ounces of marijuana or more than 8 grams but less than 16 grams of marijuana in a concentrated form is punishable by forfeiture of the marijuana and:

(a) for a first violation, the person's choice between a civil fine not exceeding $200 or completing up to 4 hours of community service in lieu of the fine;

(b) for a second violation, the person's choice between a civil fine not exceeding $300 or completing up to 6 hours of community service in lieu of the fine; and

(c) for a third or subsequent violation, the person's choice between a civil fine not exceeding $500 or completing up to 8 hours of community service in lieu of the fine.

(8) A person may not be denied adoption, custody, or visitation rights relative to a minor solely for conduct that is permitted by this chapter.

(9) A person may not be denied access to or priority for an organ transplant or denied access to health care solely for conduct that is permitted by this chapter.
Mont. Code Ann. § 16-6-104 — MT Code / Title 16 / Chapter 6 / Part 1 / Section 16-6-104
16-6-104 Unlawful alcoholic beverage -- seizure -- forfeiture
Status: in_force

16-6-104 . Unlawful alcoholic beverage -- seizure -- forfeiture. (1) An investigator or peace officer who finds an alcoholic beverage and who has reasonable cause to believe that the alcoholic beverage was obtained or kept by any person in violation of the provisions of this code may seize and remove the alcoholic beverage and the packages in which the alcoholic beverage is kept, and upon conviction of the person, the alcoholic beverage and all packages containing the alcoholic beverages are, in addition to any other penalty prescribed by this code, forfeited to the state of Montana.

(2) Any alcoholic beverage that has been shipped into Montana in violation of this code must be seized by any peace officer or representative of the department and may be confiscated in the manner as provided for the confiscation of alcoholic beverages.
Mont. Code Ann. § 16-4-422 — MT Code / Title 16 / Chapter 4 / Part 4 / Section 16-4-422
16-4-422 Sale of beer and wine prohibited during certain hours
Status: in_force

16-4-422 . Sale of beer and wine prohibited during certain hours. Except as provided in 16-3-305 , restaurants licensed pursuant to 16-4-420 in which beer and wine are sold, offered for sale, or given away at retail may not serve beer and wine between the hours of 11 p.m. and 11 a.m. However, if an incorporated city or town has by ordinance further restricted the hours of sale of beer and wine, then the sale of beer and wine in restaurants licensed to sell beer and wine, pursuant to 16-4-420 , is prohibited within the limits of the city or town during the time that the sale is prohibited by this section and in addition to the hours that the sale is prohibited by ordinance.
Mont. Code Ann. § 16-1-303 — MT Code / Title 16 / Chapter 1 / Part 3 / Section 16-1-303
16-1-303 Department rules
Status: in_force

16-1-303 . Department rules. (1) The department and the department of justice may make rules not inconsistent with this code necessary to efficiently administer this code.

(2) Rules made by the department may include but are not limited to the following:

(a) regulating the contractual operation of agency liquor stores and warehouses in which liquor is kept or sold and prescribing the books and records to be kept;

(b) prescribing the duties of department employees and regulating their conduct while in the discharge of their duties;

(c) governing the purchase of liquor and the furnishing of liquor to agency liquor stores;

(d) determining the classes, varieties, and brands of liquor to be available for distribution from the state liquor warehouse. However, the department may not prohibit liquor that is sold in gelatin cups that are shelf stable and liquid at room temperature and may not prohibit the distribution of beer and table wine by a distributor that are sold in gelatin cups that are shelf stable and liquid at room temperature.

(e) prescribing the minimum hours during which agency liquor stores must be open for the sale of alcoholic beverages;

(f) providing for the issuing and distributing of price lists showing the price to be paid by purchasers for each class, variety, or brand of liquor kept for sale;

(g) prescribing forms to be used for the purpose of this code or the rules and the terms and conditions for permits and licenses issued and granted under this code;

(h) prescribing the form of records of purchase of liquor and the reports to be made to the department and providing for inspection of the records;

(i) prescribing the manner of giving and serving notices required by this code or the rules;

(j) prescribing the fees payable for permits and licenses issued under this code for which fees are not prescribed in this code and prescribing the fees for anything done or permitted to be done under the rules;

(k) prescribing, subject to the provisions of this code, the conditions and qualifications necessary for the obtaining of alcoholic beverage licenses and the books and records to be kept and the returns to be made by the licensees;

(l) specifying and describing the place and the manner in which alcoholic beverages may be lawfully kept or stored;

(m) specifying and regulating the time when and the manner by which vendors and brewers may deliver alcoholic beverages under this code and the time when and the manner by which alcoholic beverages, under this code, may be lawfully conveyed or carried;

(n) governing the conduct, management, and equipment of any premises licensed to sell alcoholic beverages under this code;

(o) providing for the imposition and collection of taxes and making rules respecting returns, accounting, and payment of the taxes to the department.

(3) The department of justice may adopt rules to administer and implement its responsibilities under this title, including but not limited to rules providing for the inspection of licensed premises or premises where the sale of liquor has been proposed.

(4) Whenever this code provides that an act may be done if authorized by rules, the department, subject to the restrictions in subsection (1), may make rules respecting the act.

(5) The department shall use the negotiated rulemaking procedures contained in Title 2, chapter 5, for the purpose of adoption of rules related to the operation of agency liquor stores. However, the department may not be required to pay any expenses of the participants or of any persons engaged in the rulemaking process as provided for in 2-5-110 .
Mont. Code Ann. § 16-12-523 — MT Code / Title 16 / Chapter 12 / Part 5 / Section 16-12-523
16-12-523 Unlawful conduct by cardholders -- penalties
Status: in_force

16-12-523 . Unlawful conduct by cardholders -- penalties. (1) The department shall revoke and may not reissue the registry identification card of an individual who:

(a) is convicted of a drug offense; or

(b) allows another individual to be in possession of the individual's:

(i) registry identification card, except as provided for in 16-12-513 ; or

(ii) mature marijuana plants, seedlings, usable marijuana, or marijuana products.

(2) If no other penalty is specified under this part, a registered cardholder who violates this part is punishable by a fine not to exceed $500 or by imprisonment in a county jail for a term not to exceed 6 months, or both, unless otherwise provided in this part or unless the violation would constitute a violation of Title 45. An offense constituting a violation of Title 45 must be charged and prosecuted pursuant to the provisions of Title 45.

(3) Review of a department action imposing a fine, suspension, or revocation under this section must be conducted as a contested case hearing under the provisions of the Montana Administrative Procedure Act.
Mont. Code Ann. § 16-11-303 — MT Code / Title 16 / Chapter 11 / Part 3 / Section 16-11-303
16-11-303 License for retail sale of tobacco products -- alternative nicotine products -- vapor products
Status: in_force

16-11-303 . License for retail sale of tobacco products -- alternative nicotine products -- vapor products. (1) A person may not sell tobacco products, alternative nicotine products, or vapor products at retail, whether over the counter, by vending machine, or otherwise, without a license obtained from the department of revenue.

(2) A license for the retail sale of tobacco products, alternative nicotine products, or vapor products may be obtained from the department of revenue.

(3) The fee collected by the department must be deposited in the general fund.
Mont. Code Ann. § 16-4-423 — MT Code / Title 16 / Chapter 4 / Part 4 / Section 16-4-423
16-4-423 Restaurant beer and wine license -- prohibited practices
Status: in_force

16-4-423 . Restaurant beer and wine license -- prohibited practices. A restaurant licensed for the sale of beer and wine pursuant to 16-4-420 may not convey to any person by any means that a person may either purchase or consume beer or wine on the premises without being required to purchase food.
Mont. Code Ann. § 16-2-201 — MT Code / Title 16 / Chapter 2 / Part 2 / Section 16-2-201
16-2-201 Reduction for quantity sales of liquor
Status: in_force

16-2-201 . Reduction for quantity sales of liquor. A reduction of 8% of the posted price of liquor sold at an agency liquor store must be made for sales of liquor to a licensee purchasing liquor in unbroken case lots. This reduction is limited to liquor designated by the department as regular product as defined by administrative rule. No other reduction below the posted price may be made for sales of liquor.
Mont. Code Ann. § 16-6-314 — MT Code / Title 16 / Chapter 6 / Part 3 / Section 16-6-314
16-6-314 Penalty for violating code -- revocation of license -- penalty for violation by underage person
Status: in_force

16-6-314 . Penalty for violating code -- revocation of license -- penalty for violation by underage person. (1) A person who violates a provision of this code is guilty of a misdemeanor punishable as provided in 46-18-212 , except as otherwise provided in this section.

(2) If a retail licensee is convicted of an offense under this code, the licensee's license must be immediately revoked or, in the discretion of the department, another sanction must be imposed as provided under 16-4-406 .

(3) A person under 21 years of age who violates 16-3-301 (4) or 16-6-305 (3) is subject to the penalty provided in 45-5-624 (2) or (3), 45-5-638 (3) or (4), or 45-5-639 (3) or (4). (See compiler's comments for contingent termination of certain text.)
Mont. Code Ann. § 16-11-145 — MT Code / Title 16 / Chapter 11 / Part 1 / Section 16-11-145
16-11-145 Place where violations committed considered public nuisance
Status: in_force

16-11-145 . Place where violations committed considered public nuisance. Each person having possession or control of or who maintains a building or place where tobacco products are sold in violation of this chapter or who permits the tobacco products to be sold in violation of this chapter in any place or building possessed, controlled, or maintained by that person is guilty of maintaining and keeping a nuisance. The building or place so used, together with the personal property and fixtures used in connection with the building, is considered a nuisance. The person must be enjoined and the building or place, personal property, and fixtures abated as a nuisance at the instance of the state.
Mont. Code Ann. § 16-11-507 — MT Code / Title 16 / Chapter 11 / Part 5 / Section 16-11-507
16-11-507 Reporting of information
Status: in_force

16-11-507 . Reporting of information. (1) Not later than 20 calendar days after the end of each calendar quarter and more frequently if directed by the attorney general, each wholesaler shall submit information that the attorney general requires to facilitate compliance with this section by nonparticipating manufacturers, including but not limited to a list by brand family of the total number of nonparticipating manufacturer cigarettes or, in the case of nonparticipating manufacturer roll-your-own tobacco, the equivalent amount of tobacco, calculated as provided in 16-11-402 (4), on which the wholesaler precollected tax as provided in 16-11-113 and that the wholesaler sold during the period covered by the report. The wholesaler shall maintain and make available to the attorney general all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and any other information relied upon in reporting to the attorney general for a period of 5 years.

(2) The department is authorized to disclose to the attorney general any information received by it and requested by the attorney general for purposes of determining compliance with and enforcing the provisions of this part. The department and attorney general shall share the information received under this part with each other and may share the information with other federal, state, or local agencies only for the purposes of enforcement of 16-11-403 , this part, or the corresponding laws of other states.

(3) The attorney general may require at any time from the nonparticipating manufacturer proof from the financial institution in which the manufacturer has established a qualified escrow fund for the purpose of compliance with 16-11-403 of:

(a) the amount of money in the fund, exclusive of interest;

(b) the amount and dates of each deposit to the fund; and

(c) the amount and dates of each withdrawal from the fund.

(4) In addition to the information required to be submitted pursuant to subsections (1) through (3), the attorney general may require a wholesaler or tobacco product manufacturer to submit any additional information, including but not limited to samples of the packaging or labeling of each brand family, to enable the attorney general to determine whether a tobacco product manufacturer or wholesaler is in compliance with this part. All information submitted by a wholesaler or tobacco product manufacturer under this section must be full, complete, and accurate. (Certain provisions void on occurrence of contingency--sec. 16, Ch. 397, L. 2003--see part compiler's comment.)
Mont. Code Ann. § 16-3-504 — MT Code / Title 16 / Chapter 3 / Part 5 / Section 16-3-504
16-3-504 Distributor financial interest in retailers prohibited
Status: in_force

16-3-504 . Distributor financial interest in retailers prohibited. A distributor may not advance or loan money to or furnish money for or pay for or on behalf of any retailer any license or tax that may be required to be paid for any retailer. A distributor may not be financially interested, either directly or indirectly, in the conduct or operation of the business of a retailer. A distributor is considered to have a financial interest within the meaning of this section if:

(1) the distributor owns or holds any interest in or a lien or mortgage against the retailer or the retailer's premises;

(2) the distributor is under a contract with a retailer concerning future purchases or the sale of merchandise by one from or to the other; or

(3) a retailer holds an interest, as a stockholder or otherwise, in the business of the distributor.