reglab/housing_qa huggingface dataset:
MT Code § 16-4-314 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 4. License Administration|Part 3. Special Licenses|16-4-314. Academic brewer license under small brewer exception -- Flathead valley community college or Montana state university-Billings -- conditions

  16-4-314. Academic brewer license under small brewer exception -- Flathead valley community college or Montana state university-Billings -- conditions. (1) Flathead valley community college or Montana state university-Billings may apply for an academic brewer license under this section that allows the licensee to brew and sell beer to wholesalers 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 wholesalers as provided in 16-3-214;   (d) is under the ownership of Flathead valley community college or Montana state university-Billings;   (e) is not subject to quotas under 16-4-105 or to the provisions of 16-3-306;   (f) may not offer gambling activities;   (g) is otherwise subject to laws applying to brewery licenses as provided in this code; and   (h) must operate in an on-campus facility operated in conjunction with a beer-brewing class or curriculum taught at the community college or Montana state university-Billings.   (2) When Flathead valley community college or Montana state university-Billings 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, Flathead valley community college or Montana state university-Billings shall:   (a) document approval by the community college district 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; 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(4)(a).   (4) The department may adopt rules to implement this section.   History: En. Sec. 1, Ch. 343, L. 2017.
MT Code § 16-4-403 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 4. License Administration|Part 4. Licensing Criteria|16-4-403. Repealed

  16-4-403. Repealed. Sec. 11, Ch. 110, L. 2003.   History: Ap. p. Sec. 1, Ch. 487, L. 1973; Sec. 4-408.1, R.C.M. 1947; amd. and redes. 4-4-304 by Sec. 86, Ch. 387, L. 1975; Sec. 4-4-304, R.C.M. 1947; Ap. p. Sec. 2, Ch. 487, L. 1973; Sec. 4-408.2, R.C.M. 1947; redes. 4-4-305 by Sec. 120, Ch. 387, L. 1975; Sec. 4-4-305, R.C.M. 1947; R.C.M. 1947, 4-4-304, 4-4-305; amd. Sec. 7, Ch. 414, L. 1993.
MT Code § 16-4-405 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 4. License Administration|Part 4. Licensing Criteria|16-4-405. Denial of license

  16-4-405. Denial of license. (1) The department may deny the issuance of a retail alcoholic beverages license if it determines that the premises proposed for licensing are off regular police beats and cannot be properly policed by local authorities.   (2) A retail license may not be issued by the department for a premises situated within a zone of a city, town, or county where the sale of alcoholic beverages is prohibited by ordinance, a certified copy of which has been filed with the department.   (3) A license under this code may not be issued if the department finds from the evidence at the hearing held pursuant to 16-4-207(3) that:   (a) the welfare of the people residing or of retail licensees located in the vicinity of the premises for which the license is desired will be adversely and seriously affected;   (b) if required, there is not a public convenience and necessity justification pursuant to 16-4-203;   (c) the applicant or the premises proposed for licensing fail to meet the eligibility or suitability criteria established by this code; or   (d) the purposes of this code will not be carried out by the issuance of the license.   History: (1), (2) En. Sec. 14, Ch. 46, Ex. L. 1933; re-en. Sec. 2815.36, R.C.M. 1935; amd. Sec. 1, Ch. 225, L. 1947; amd. Sec. 1, Ch. 165, L. 1949; amd. Sec. 1, Ch. 55, L. 1955; amd. Sec. 1, Ch. 205, L. 1959; amd. Sec. 1, Ch. 271, L. 1965; amd. Sec. 1, Ch. 31, L. 1974; Sec. 4-333, R.C.M. 1947; amd. and redes. 4-4-201 by Sec. 66, Ch. 387, L. 1975; amd. Sec. 5, Ch. 496, L. 1977; Sec. 4-4-201, R.C.M. 1947; (3) En. Sec. 1, Ch. 202, L. 1951; amd. Sec. 1, Ch. 145, L. 1965; Sec. 4-407.1, R.C.M. 1947; amd. and redes. 4-4-302 by Sec. 84, Ch. 387, L. 1975; amd. Sec. 8, Ch. 496, L. 1977; Sec. 4-4-302, R.C.M. 1947; R.C.M. 1947, 4-4-201 (part), 4-4-302 (part); amd. Sec. 30, Ch. 68, L. 1987; amd. Sec. 8, Ch. 156, L. 1991; amd. Sec. 7, Ch. 528, L. 1997; amd. Sec. 6, Ch. 479, L. 2019.
MT Code § 16-4-407 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 4. License Administration|Part 4. Licensing Criteria|16-4-407. Suspension or revocation of licenses

  16-4-407. Suspension or revocation of licenses. Each July 1 or, when applicable, on the licensee's anniversary date, the department shall issue licenses to brewers, wineries, beer importers, wholesalers, or retailers or for the retail sale of alcoholic beverages on an annual basis upon payment of the fees prescribed by law. The licenses are subject to suspension or revocation under 16-4-406 after midnight of June 30 of the succeeding year or 1 year after the anniversary if the annual renewal fees required by 16-4-501 are not paid. The department shall notify each applicant for an original license or renewal that it is the applicant's responsibility to determine if applicable provisions of federal law require the applicant to obtain a permit from a federal agency.   History: En. Sec. 2, Ch. 235, L. 1943; Sec. 4-406, R.C.M. 1947; amd. and redes. 4-4-404 by Sec. 82, Ch. 387, L. 1975; amd. Sec. 12, Ch. 496, L. 1977; R.C.M. 1947, 4-4-404; amd. Sec. 2, Ch. 29, L. 1983; amd. Sec. 21, Ch. 19, L. 1985; amd. Sec. 3, Ch. 54, L. 1999; amd. Sec. 5, Ch. 163, L. 2001.
MT Code § 16-4-408 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 4. License Administration|Part 4. Licensing Criteria|16-4-408. Renewal of suspended licenses

  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.   History: En. Sec. 27, Ch. 84, L. 1937; Sec. 4-429, R.C.M. 1947; amd. and redes. 4-4-405 by Sec. 102, Ch. 387, L. 1975; R.C.M. 1947, 4-4-405.
MT Code § 16-4-409 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 4. License Administration|Part 4. Licensing Criteria|16-4-409. Repealed

  16-4-409. Repealed. Sec. 5, Ch. 595, L. 1983.   History: En. Sec. 5, Ch. 519, L. 1981.
MT Code § 16-4-410 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 4. License Administration|Part 4. Licensing Criteria|16-4-410. Repealed

  16-4-410. Repealed. Sec. 5, Ch. 595, L. 1983.   History: En. Sec. 6, Ch. 519, L. 1981.
MT Code § 16-4-411 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 4. License Administration|Part 4. Licensing Criteria|16-4-411. Appeals concerning alcoholic beverages laws

  16-4-411. Appeals concerning alcoholic beverages laws. (1) Any interested party shall have the right to appeal any decision of the department of revenue concerning the issuance, transfer, suspension, or revocation of alcoholic beverages licenses to the district court in the county in which the issuance, transfer, suspension, or revocation occurred.  (2) The appeal must be in conformity with the provisions of Title 2, chapter 4, part 7.   History: En. 82A-1808 by Sec. 2, Ch. 207, L. 1973; en. 82A-1808 by Sec. 64.1, Ch. 391, L. 1973; R.C.M. 1947, 82A-1808; amd. Sec. 1, Ch. 135, L. 1985; amd. Sec. 31, Ch. 68, L. 1987; amd. Sec. 5, Ch. 535, L. 2021.
MT Code § 16-4-412 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 4. License Administration|Part 4. Licensing Criteria|16-4-412. Limits on concurrent applications

  16-4-412. Limits on concurrent applications. (1) An application for the issuance of a new license or for the transfer of an existing license may not be considered by the department if a previous application for the same premises is pending. An application is considered pending if a final decision:   (a) has not been made by the department; or   (b) has been made by the department but:   (i) a petition for judicial review can still be filed or has been filed; or   (ii) an appeal to the Montana supreme court can still be filed or has been filed.   (2) This section does not prevent the department from considering more than one application for the same location pursuant to competition for a last available license.   History: En. Sec. 1, Ch. 156, L. 1991.
MT Code § 16-4-413 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 4. License Administration|Part 4. Licensing Criteria|16-4-413. Denial of application -- five-year moratorium

  16-4-413. Denial of application -- five-year moratorium. (1) If an application for the issuance of a new license or for the transfer of an existing license has been denied for any reason provided in 16-4-405, the department may not consider an application or issue any retail license, special permit, or special license for those premises for 5 years unless the department, using the criteria described in subsection (3), determines that the proposed use is substantially different from the use that was rejected. The prohibition period commences on the date of the final agency decision or, if judicially reviewed, on the date the judicial decision is final.   (2) If an application is withdrawn after a hearing has been held in which testimony is received regarding any reason for denial provided in 16-4-405, the effect of the withdrawal is the same as if a final decision had been made denying the application for any reason provided in 16-4-405. The 5-year prohibition against considering an application or issuing a license for that vicinity commences on the date of the withdrawal.   (3) The department shall determine whether a proposed use is substantially different by considering:   (a) the capacity of the proposed use;   (b) the nature of the establishment;   (c) the presence and character of any entertainment; and   (d) the characteristics of the neighborhood.   History: En. Sec. 2, Ch. 156, L. 1991.
MT Code § 16-4-414 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 4. License Administration|Part 4. Licensing Criteria|16-4-414. Fingerprints required of applicants -- exceptions

  16-4-414. Fingerprints required of applicants -- exceptions. (1) Except as provided in subsections (2) and (3), an applicant for a license under this code, any person employed by the applicant as a manager, and, if the applicant is a privately held corporation, each person holding 15% or more of the outstanding stock and each officer shall submit their fingerprints with the application to facilitate a fingerprint and background check by the department of justice and the federal bureau of investigation. If the applicant is a publicly traded corporation, any person employed by the applicant as a location manager and an officer shall submit their fingerprints with the application to facilitate a fingerprint and background check by the department of justice and the federal bureau of investigation. The results of the investigation must be used by the department in determining the applicant's eligibility for a license.  (2) (a) When the applicant is seeking a license for off-premises consumption, the following persons are subject to the fingerprint and background check described in subsection (1):   (i) the applicant;   (ii) a person designated by the applicant as responsible for operating the licensed establishment on behalf of the licensee; or   (iii) if the applicant is a corporation, each officer responsible for operating the licensed establishment.   (b) Additional fingerprint and background checks may be required at renewal only for new persons described in subsection (2)(a).   (c) A change in the form of a licensee's business entity that does not result in any person having a new ownership interest in the business is not grounds for the department to require a fingerprint or background check.   (3) When the applicant is seeking a license for off-premises consumption, a person employed by the applicant as a manager is not subject to the fingerprint and background check described in subsection (1).   (4) Approved applicants may use a single background check and set of fingerprints for multiple license applications within 3 years. Applicants must attest that no criminal charges have been filed since the background check was last completed.   History: En. Sec. 1, Ch. 110, L. 2003; amd. Sec. 1, Ch. 495, L. 2005; amd. Sec. 7, Ch. 568, L. 2021.
MT Code § 16-4-415 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 4. License Administration|Part 4. Licensing Criteria|16-4-415. Changes in business entity ownership -- department approval required

  16-4-415. Changes in business entity ownership -- department approval required. (1) In the case of corporate licensees, a person or entity that does not own stock or owns less than 15% of the stock in the corporation may not receive stock that results in the person or entity's share of stock in the corporation being 15% or greater, unless the department reviews and determines that the person or entity qualifies for ownership of a license as provided in 16-4-401.  (2) In the case of all other business entities, when a proposed transfer of ownership would result in a party who prior to the transfer owned no interest in the license owning 15% or more interest in the license, the proposed transfer must be submitted to the department for review. The proposed new party must qualify for ownership of a liquor license as provided in 16-4-401.   (3) In the case of a proposed change in business entity, the proposed new business entity shall apply for a transfer of ownership of the license with the department prior to changing the business entity. The proposed new business entity must qualify for ownership of a liquor license as provided in 16-4-401. If the existing owners and ownership percentages do not change under the proposed change in business entity, the new entity shall notify the department of the new business entity type, but prior department approval is not required.   History: En. Sec. 1, Ch. 148, L. 1999; amd. Sec. 8, Ch. 568, L. 2021.
MT Code § 16-4-416 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 4. License Administration|Part 4. Licensing Criteria|16-4-416. Ownership of liquor license by United States

  16-4-416. Ownership of liquor license by United States. (1) Whenever right, title, and interest in a liquor license vests in the United States, the United States shall promptly give notice to the department of its interest and must have the license placed on nonuse status. The United States shall transfer ownership of the license to a qualified applicant within 200 days from the date on which it obtained an interest in the license. Upon receipt of an application to transfer the license, the department may, pursuant to 16-4-404, grant the applicant temporary authority to operate the license.   (2) The department, upon a showing of good cause, may in its discretion extend the time for sale of the license for an additional period of up to 180 days.   History: En. Sec. 1, Ch. 90, L. 2001.
MT Code § 16-4-417 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 4. License Administration|Part 4. Licensing Criteria|16-4-417. Approval of a licensee without premises

  16-4-417. Approval of a licensee without premises. (1) If an applicant has a license available to obtain under 16-4-104, 16-4-201, 16-4-204, or 16-4-420 but does not have a premises, the department may approve the applicant without approving the premises. The department shall issue the license if all other requirements of this code related to an applicant are met.   (2) A license issued under subsection (1) must be immediately put on nonuse status until a premises is approved by the department. Upon issuance of the license under this section, the licensee shall apply for a premises within 6 months and must have the premises approved within 1 year from issuance of the license. A licensee shall pay all licensing fees annually even if the premises has not been approved. The department may establish nonuse license fees for a license issued under this section.   History: En. Sec. 1, Ch. 479, L. 2019.
MT Code § 16-4-419 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 4. License Administration|Part 4. Licensing Criteria|16-4-419. reserved

  16-4-419 reserved.
MT Code § 16-4-421 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 4. License Administration|Part 4. Licensing Criteria|16-4-421. Denial of restaurant beer and wine license

  16-4-421. Denial of restaurant beer and wine license. (1) A restaurant beer and wine license may not be issued by the department for a premises situated within a zone of a city, town, or county where the sale of alcoholic beverages is prohibited by ordinance, a certified copy of which has been filed with the department.   (2) A restaurant beer and wine license may not be issued or renewed if the department finds, subject to the opportunity for a hearing pursuant to Title 2, chapter 4, part 6, that the applicant or the premises proposed for licensing fail to meet the eligibility or suitability criteria provided by law.   History: En. Sec. 2, Ch. 465, L. 1997.
MT Code § 16-4-422 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 4. License Administration|Part 4. Licensing Criteria|16-4-422. Sale of beer and wine prohibited during certain hours

  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.   History: En. Sec. 3, Ch. 465, L. 1997.
MT Code § 16-4-423 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 4. License Administration|Part 4. Licensing Criteria|16-4-423. Restaurant beer and wine license -- prohibited practices

  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.   History: En. Sec. 4, Ch. 465, L. 1997.
MT Code § 16-4-502 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 4. License Administration|Part 5. Licensing Fees|16-4-502. Census

  16-4-502. Census. The census taken under the direction of congress shall be the basis upon which the respective populations of the counties and incorporated cities or towns shall be determined. However, in the interim between censuses, the department shall use as such basis the most recent population estimates published by the bureau of the census, United States department of commerce.   History: En. Sec. 4, Ch. 84, L. 1937; amd. Sec. 1, Ch. 221, L. 1939; amd. Sec. 1, Ch. 163, L. 1941; amd. Sec. 1, Ch. 211, L. 1943; amd. Sec. 1, Ch. 236, L. 1947; amd. Sec. 1, Ch. 356, L. 1974; Sec. 4-404, R.C.M. 1947; amd. and redes. 4-4-403 by Sec. 119, Ch. 387, L. 1975; amd. Sec. 11, Ch. 496, L. 1977; R.C.M. 1947, 4-4-403; amd. Sec. 4, Ch. 25, L. 1981.
MT Code § 16-4-503 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 4. License Administration|Part 5. Licensing Fees|16-4-503. City and county licenses -- fees

  16-4-503. City and county licenses -- fees. The city council of any incorporated town or city or the county commissioners outside of any incorporated town or city may provide for the issuance of licenses to persons to whom a retail license has been issued under the provisions of this code and may fix license fees, not to exceed a sum equal to five-eighths of the fee for an all-beverages license or 100% of the fee for a beer or beer and wine license collected by the department from such licensee under this code.   History: En. Sec. 28, Ch. 84, L. 1937; Sec. 4-430, R.C.M. 1947; amd. and redes. 4-4-406 by Sec. 103, Ch. 387, L. 1975; amd. Sec. 1, Ch. 509, L. 1977; R.C.M. 1947, 4-4-406.
MT Code § 16-4-901 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 4. License Administration|Part 9. Connoisseur's Licenses|16-4-901. Connoisseur's licenses -- application -- fees

  16-4-901. Connoisseur's licenses -- application -- fees. (1) A person in this state desiring to receive direct shipments of beer from an out-of-state brewery for the person's own consumption and not for resale shall file with the department an application for a connoisseur's license. The application must be accompanied by a registration fee in the amount of $50 for a beer connoisseur's license.   (2) Each application for a license must be on a form prescribed by the department and must set forth the name of the applicant, the applicant's home or business address, proof that the applicant is at least 21 years of age, and other information that the department may require.   (3) A connoisseur's license expires on June 30 of each calendar year. A licensee may annually renew a license with the department by paying a $25 renewal fee for a beer connoisseur's license.   (4) The holder of a connoisseur's license may not sell beer to the public.   (5) The department shall adopt rules to provide procedures for the application for and the provision of a connoisseur's license.   History: En. Sec. 7, Ch. 543, L. 2001; amd. Sec. 8, Ch. 184, L. 2013.
MT Code § 16-4-902 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 4. License Administration|Part 9. Connoisseur's Licenses|16-4-902. Payment of taxes -- authority of department

  16-4-902. Payment of taxes -- authority of department. (1) A person holding a connoisseur's license shall pay, on June 30 and December 31, the beer taxes imposed by Title 16, chapter 1, part 4, on beer that is received by direct shipment from an out-of-state brewery during the previous 6-month period.   (2) Each holder of a connoisseur's license shall file with the department a return, on a form provided by the department, and pay the tax for shipments received.   History: En. Sec. 8, Ch. 543, L. 2001; amd. Sec. 9, Ch. 184, L. 2013.