reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 2. All-Beverages Licenses › 16-4-205. Limitation on number of licenses -- business in name of licensee

16-4-205. Limitation on number of licenses -- business in name of licensee.
(1) Subject to the provisions of 16-4-401, a person may not be issued more than seven all-beverages licenses, with the exception of:
(a) resort retail all-beverages licenses issued under 16-4-213, which do not count toward this limit; and
(b) a secured party issued an additional all-beverages license as the result of a default. A secured party shall transfer ownership of any additional all-beverages license within 180 days of issuance. A business may not be carried on under any license issued under this chapter except in the name of the licensee.
(2) The provisions of this section do not apply to licenses held by the Montana heritage preservation and development commission under the provisions of 16-4-305.
History: En. Sec. 9, Ch. 84, L. 1937; Sec. 4-411, R.C.M. 1947; amd. and redes. 4-4-207 by Sec. 89, Ch. 387, L. 1975; R.C.M. 1947, 4-4-207; amd. Sec. 1, Ch. 82, L. 1985; amd. Sec. 3, Ch. 251, L. 1999; amd. Sec. 1, Ch. 211, L. 2013; amd. Sec. 5, Ch. 336, L. 2019; amd. Sec. 1, Ch. 371, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 2. All-Beverages Licenses › 16-4-208. Airport all-beverages license

16-4-208. Airport all-beverages license.
(1) The department shall issue one all-beverages license, to be known as a public airport all-beverages license, for use at each publicly owned airport served by scheduled airlines and enplaning and deplaning a minimum total of 5,000 passengers annually when:
(a) application is made;
(b) on finding that this license is justified by public convenience and necessity, including the convenience and necessity of the public traveling by scheduled airlines; and
(c) following a hearing as provided in 16-4-207.
(2) Application must be made by the agency owning and operating the airport. The agency owning and operating the airport may lease the airport all-beverages license to up to three individuals or entities approved by the department.
(3) The lessee of an airport all-beverages license may purchase alcohol and the lease may be based on the percentage of sales of alcoholic beverages by the lessee. The lessee has the same rights and privileges as an airport all-beverage license issued under this section, and, in the event of a violation, is subject to reprimand, suspension of the lessee's alcohol operations, or a civil penalty not to exceed $1,500 as provided for a retail licensee under 16-4-406.
(4) A public airport all-beverages license and all retail alcoholic beverage sales under it are subject to all statutes and rules governing all-beverages licenses, except for the provisions for curbside pickup as allowed under 16-3-312.
(5) The department shall issue a public airport all-beverages license to a qualified applicant regardless of the number of all-beverages licenses already issued within the all-beverages license quota area in which the airport is situated.
History: En. Sec. 1, Ch. 461, L. 1979; amd. Sec. 26, Ch. 68, L. 1987; amd. Sec. 14, Ch. 194, L. 2021; amd. Sec. 5, Ch. 97, L. 2023; amd. Sec. 2, Ch. 359, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 2. All-Beverages Licenses › 16-4-209. All-beverages license for tribal alcoholic beverages licensee or enlisted personnel, noncommissioned officers', or officers' club

16-4-209. All-beverages license for tribal alcoholic beverages licensee or enlisted personnel, noncommissioned officers', or officers' club.
(1) Upon application and qualification, the department shall issue an all-beverages license to:
(a) a tribal alcoholic beverages licensee who operates the business within the exterior boundaries of a Montana Indian reservation under a tribal license issued prior to January 1, 1985;
(b) an enlisted personnel, noncommissioned officers', or officers' club located on a state or federal military reservation in Montana on May 13, 1985.
(2) A license issued under the provisions of subsection (1) is not subject to the quota limitations of 16-4-201.
(3) Upon application and approval by the department, a license issued under subsection (1)(a) may be transferred to another qualified applicant, but the license may be transferred only to a location within the quota area and the exterior boundaries of the Montana Indian reservation for which the license was originally issued.
(4) A license issued under this section is subject to all statutes and rules governing all-beverages licenses.
(5) A license issued under this section may offer curbside pickup between 8 a.m. and 2 a.m. in original packaging, prepared servings, or growlers.
History: En. Sec. 2, Ch. 731, L. 1985; amd. Sec. 202, Ch. 56, L. 2009; amd. Sec. 15, Ch. 194, L. 2021.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 2. All-Beverages Licenses › 16-4-210. Resort license -- tour boat endorsement

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.
History: En. Sec. 1, Ch. 149, L. 1989; amd. Sec. 6, Ch. 336, L. 2019.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 2. All-Beverages Licenses › 16-4-211. Resort area -- purpose -- policy

16-4-211. Resort area -- purpose -- policy.
It is the intent and purpose of 16-4-211 through 16-4-213 to encourage the growth of quality recreational resort facilities in undeveloped areas of the state and to provide for the orderly growth of existing recreational sites by the establishment of resort areas within which retail all-beverages licenses may be issued by the department under the terms of 16-4-213.
History: En. Sec. 1, Ch. 336, L. 2019.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 3. Special Licenses › 16-4-302. Passenger carrier licenses

16-4-302. Passenger carrier licenses.
Common carriers serving Montana may serve alcoholic beverages to passengers in aircraft over or railroad cars in the state of Montana upon the issuance of a retail all-beverages license by the department for that purpose. Such licenses shall be issued on an annual basis to common carriers making application therefor and shall be effective from July 1 of the current year to July 1 of the following year.
History: En. 4-4-109 by Sec. 114, Ch. 387, L. 1975; R.C.M. 1947, 4-4-109(part); amd. Sec. 27, Ch. 68, L. 1987.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 3. Special Licenses › 16-4-303. Special beer and table wine license for nonprofit arts organizations

16-4-303. Special beer and table wine license for nonprofit arts organizations.
(1) A nonprofit arts organization as defined in subsection (4) is entitled to a special beer and table wine license to sell beer and table wine to patrons of exhibitions, productions, performances, or programs sponsored or presented by the organization in a specific theatre or other appropriately designated place for on-premises consumption.
(2) The proceeds derived from sales of beer and table wine, except for reasonable operating costs, must be used to further the purposes of the organization.
(3) The department shall have access to the organization's records to determine whether the organization is entitled to a license under this section.
(4) For the purposes of this section, the term "nonprofit arts organization" means an organization governed under Title 35, chapter 2, that is organized and operated for the principal purpose of providing artistic or cultural exhibitions, presentations, or performances for viewing or attendance by the general public. Assets of the corporation must be irrevocably dedicated to the activities for which the license is granted and, on the liquidation, dissolution, or abandonment by the corporation, may not inure directly or indirectly to the benefit of a member or individual except a nonprofit organization, association, or corporation. An artistic or cultural exhibition, presentation, or performance includes:
(a) an exhibition or presentation of works of art or objects of cultural or historical significance, such as those commonly displayed in art or history museums; and
(b) a musical or dramatic performance or series of performances.
(5) A license issued under this section is not subject to the provisions of 16-4-105.
History: En. Sec. 1, Ch. 380, L. 1987.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 3. Special Licenses › 16-4-304. Beer and wine license for Yellowstone airport

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.
History: En. Sec. 1, Ch. 529, L. 1993; amd. Sec. 1, Ch. 293, L. 2005.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 3. Special Licenses › 16-4-305. Montana heritage retail alcoholic beverage licenses -- use -- quota

16-4-305. (Temporary) Montana heritage retail alcoholic beverage licenses -- use -- quota.
(1) (a) The Montana heritage preservation and development commission may use Montana heritage retail alcoholic beverage licenses within the quota area in which the licenses were originally issued, for the purpose of providing retail alcoholic beverage sales on property acquired by the state under Title 22, chapter 3, part 10. The licenses are to be considered when determining the appropriate quotas for issuance of other retail alcoholic beverage licenses.
(b) The department may issue a wine amendment pursuant to 16-4-105(6) if the use of a Montana heritage retail alcoholic beverage license for the sale of beer meets all the requirements of that section.
(2) The Montana heritage preservation and development commission may lease a Montana heritage retail alcoholic beverage license to an individual or entity approved by the department.
(3) Montana heritage retail alcoholic beverage licenses are subject to all laws and rules governing the use and operation of retail alcoholic beverage licenses.
(4) For the purposes of this section, "Montana heritage retail alcoholic beverage licenses" are all-beverages liquor licenses and retail on-premises beer licenses that have been transferred to the Montana heritage preservation and development commission under the provisions of section 2, Chapter 251, Laws of 1999.
16-4-305. (Effective July 1, 2024) Montana heritage retail alcoholic beverage licenses -- use -- quota.
(1) The Montana heritage preservation and development commission may use Montana heritage retail alcoholic beverage licenses within the quota area in which the licenses were originally issued, for the purpose of providing retail alcoholic beverage sales on property acquired by the state under Title 22, chapter 3, part 10. The licenses are to be considered when determining the appropriate quotas for issuance of other retail alcoholic beverage licenses.
(2) The Montana heritage preservation and development commission may lease a Montana heritage retail alcoholic beverage license to an individual or entity approved by the department.
(3) Montana heritage retail alcoholic beverage licenses are subject to all laws and rules governing the use and operation of retail alcoholic beverage licenses.
(4) For the purposes of this section, "Montana heritage retail alcoholic beverage licenses" are all-beverages licenses and retail on-premises beer and wine licenses that have been transferred to the Montana heritage preservation and development commission under the provisions of section 2, Chapter 251, Laws of 1999.
History: En. Sec. 1, Ch. 251, L. 1999; amd. Secs. 7, 8, Ch. 5, Sp. L. November 2017; amd. Sec. 6, Ch. 342, L. 2019; amd. Sec. 5, Ch. 60, L. 2023; amd. Sec. 6, Ch. 97, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 3. Special Licenses › 16-4-306. Transfer of existing license to political subdivision of state -- rulemaking

16-4-306. (Temporary) Transfer of existing license to political subdivision of state -- rulemaking.
(1) A political subdivision of the state of Montana may apply to the department for the transfer of an existing retail beer or beer and wine license and, on approval by the department, the political subdivision may own and operate the license or lease the license to a person, firm, corporation, or other entity approved by the department.
(2) A license that is transferred to a political subdivision of the state:
(a) may be transferred only to another political subdivision of the state and not to any other person, firm, corporation, or entity;
(b) does not authorize and may not be used in conjunction with gambling activities except for horseracing as authorized in Title 23, chapter 4;
(c) may be authorized only for a fairgrounds complex owned by the political subdivision;
(d) is authorized for use in all facilities contained in the fairgrounds complex;
(e) must be taken into account in determining the license quota restrictions of 16-4-105; and
(f) is subject to all license fees, laws, and rules applicable to retail beer or beer and wine licenses.
(3) The department may adopt rules to implement the provisions of this section.
16-4-306. (Effective July 1, 2024) Transfer of existing license to political subdivision of state -- rulemaking.
(1) A political subdivision of the state of Montana may apply to the department for the transfer of an existing retail beer and wine license and, on approval by the department, the political subdivision may own and operate the license or lease the license to a person, firm, corporation, or other entity approved by the department.
(2) A license that is transferred to a political subdivision of the state:
(a) may be transferred only to another political subdivision of the state and not to any other person, firm, corporation, or entity;
(b) does not authorize and may not be used in conjunction with gambling activities except for horseracing as authorized in Title 23, chapter 4;
(c) may be authorized only for a fairgrounds complex owned by the political subdivision;
(d) is authorized for use in all facilities contained in the fairgrounds complex;
(e) must be taken into account in determining the license quota restrictions of 16-4-105; and
(f) is subject to all license fees, laws, and rules applicable to retail beer and wine licenses.
(3) The department may adopt rules to implement the provisions of this section.
History: En. Sec. 1, Ch. 169, L. 2009; amd. Secs. 9, 10, Ch. 5, Sp. L. November 2017; amd. Sec. 7, Ch. 342, L. 2019; amd. Sec. 6, Ch. 60, L. 2023; amd. Sec. 7, Ch. 97, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 3. Special Licenses › 16-4-310. Definitions

16-4-310. Definitions.
For the purpose of 16-4-311 and 16-4-312, the following definitions apply:
(1) "Microdistillery" means a distillery located in Montana that produces 200,000 proof gallons or less of liquor annually.
(2) "Produces" means the distillation of liquor on the premises of the distillery licensee.
History: En. Sec. 1, Ch. 591, L. 2005; amd. Sec. 1, Ch. 160, L. 2019.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 3. Special Licenses › 16-4-311. Distillery license

16-4-311. Distillery license.
(1) The department may, upon receipt of an application, issue a distillery license to a person who is authorized under the provisions of the Federal Alcohol Administration Act, 27 U.S.C. 201 through 212, to distill, rectify, bottle, and process liquor. A licensee may import, manufacture, distill, rectify, blend, denature, and store spirits of an alcoholic content greater than 0.5% alcohol by volume for sale to the department or as provided in 16-4-312 and may transport the liquor out of this state for sale outside this state. Distillery licensees must be permitted to purchase, from and through the department, alcoholic beverages for blending and manufacturing purposes upon terms and conditions that the department may provide. A licensee may not sell any alcoholic beverage within this state except to the department or as provided in 16-4-312.
(2) An agricultural producer or association of agricultural producers or legal agent who manufactures and converts agricultural surpluses, byproducts, or wastes into denatured ethyl and industrial alcohol for purposes other than human consumption is not required to obtain a distillery license from the department.
(3) (a) A distillery producing less than 25,000 gallons of product annually may deliver its product directly to a state agency liquor store if the distillery uses the distillery's own equipment, trucks, and employees to deliver the product. The amount of product delivered may not be less than a case. The department shall create an electronic reporting system for distilleries to record deliveries made under this subsection (3). Agency liquor stores must be invoiced by the department for product received from a distillery.
(b) A distillery delivering its product pursuant to this subsection (3) shall maintain records of each delivery, subject to inspection by the department.
(c) The department shall pay the distillery for any product delivered to an agency liquor store:
(i) the current freight rate; and
(ii) the distiller's current quoted price per case.
(d) For a licensed distillery holding complete ownership of a retail license pursuant to 16-4-401(9), liquor that is manufactured and sold at the colocated premises is not subject to the limitations imposed by subsection (3)(a) or the limitations and privileges of 16-4-312(3). Liquor manufactured and sold at the colocated premises does count toward production levels for tax purposes.
History: En. Sec. 2, Ch. 591, L. 2005; amd. Sec. 4, Ch. 277, L. 2011; amd. Sec. 1, Ch. 375, L. 2015; amd. Sec. 10, Ch. 601, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 3. Special Licenses › 16-4-313. Sacramental wine license

16-4-313. Sacramental wine license.
(1) The department may issue a sacramental wine license to an establishment whether located in or outside Montana that sells church supplies, including sacramental wine, at retail to rabbis, priests, pastors, ministers, or other officials of churches or other established religious organizations exclusively for use as sacramental wine or for other religious purposes. Sales of sacramental wine may not be made to the public.
(2) An application for a license under this section must be accompanied by a fee of $100, which constitutes the first annual license fee. The annual license renewal fee is $50.
(3) Unless the sacramental wine is purchased onsite, an establishment selling sacramental wine for religious purposes may sell and deliver directly to the religious organization's premises by:
(a) using the establishment's own employees and equipment;
(b) contracting with a licensed table wine distributor; or
(c) contracting with a common carrier, which maintains an alcohol shipment program, to ship and deliver the wine. If the wine is shipped and delivered by the common carrier, the shipment must be in boxes marked with the words "Wine Shipment From Sacramental Wine Licensee for Religious Purposes Only" and the boxes must also be conspicuously labeled with the words "Contains Alcohol: Signature of Person 21 Years of Age or Older Required for Delivery".
(4) A sacramental wine licensee shall maintain records of all wine sales made during the preceding 2 years and shall allow the department access to the records when requested so that the department can ascertain whether the limitations of subsection (1) are being complied with. The required record must include the addresses to which the sacramental wine is delivered and the printed name of the official of the church or other religious organization who signed for delivery.
(5) A sacramental wine licensee located out of state making sales under the provisions of this section is considered a table wine distributor for the purposes of 16-1-411.
(6) Upon receipt of a completed application for a license under this section, the department shall, in exercising its sound discretion, determine whether:
(a) the applicant is qualified under this section to receive a license;
(b) the applicant's premises are suitable for the carrying on of the business; and
(c) the requirements of this code and the rules promulgated by the department are being met and complied with.
(7) License applications submitted under this section are not subject to the provisions of 16-3-402, 16-4-203, and 16-4-207.
(8) A person licensed under subsection (1) may transport sacramental wine from the licensee's premises to the religious organization's premises in any quantity for religious purposes.
(9) A sacramental wine licensee is not subject to the provisions of 16-4-1005 requiring licensees to ensure training.
History: En. Sec. 1, Ch. 414, L. 2009; amd. Sec. 6, Ch. 115, L. 2013.
2023 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 -- conditions

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 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 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.
History: En. Sec. 1, Ch. 343, L. 2017; amd. Sec. 1, Ch. 53, L. 2023; amd. Sec. 9, Ch. 749, L. 2023.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 4. Licensing Criteria › 16-4-407. Renewal and nonrenewal of licenses -- notices of federal permit

16-4-407. Renewal and nonrenewal of licenses -- notices of federal permit.
(1) Each July 1 or, when applicable, on the licensee's anniversary date, the department shall issue licenses to brewers, wineries, distillers, beer importers, beer wholesalers, table wine distributors, or retailers on an annual basis on receipt of a completed renewal form and payment of the fees prescribed by law.
(2) Subject to the opportunity for a hearing, the department may refuse to renew a license if the licensee no longer qualifies for licensure under 16-4-401, a completed license renewal form has not been received, or the annual renewal fees required by 16-4-501 are not paid by July 1 or, when applicable, the licensee's anniversary date.
(3) 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; amd. Sec. 1, Ch. 42, L. 2023.
2023 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.
2023 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.
2023 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.
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:
(1) has not been made by the department; or
(2) has been made by the department but:
(a) a petition for judicial review can still be filed or has been filed; or
(b) an appeal to the Montana supreme court can still be filed or has been filed.
History: En. Sec. 1, Ch. 156, L. 1991; amd. Sec. 3, Ch. 93, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 4. Licensing Criteria › 16-4-413. Denial of application -- two-year moratorium

16-4-413. Denial of application -- two-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 2 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 2-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; amd. Sec. 1, Ch. 32, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 4. Licensing Criteria › 16-4-414. Fingerprints required of applicants and location managers -- exceptions

16-4-414. Fingerprints required of applicants and location managers -- exceptions.
(1) Except as provided in subsection (2), an applicant for a license under this code, an individual who must meet the requirements of 16-4-401 for the issuance of a new license or for the approval of the transfer of a license, and any person employed by the applicant as a location manager 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) If the applicant is a publicly traded corporation, an officer and any person employed by the applicant as a location manager are subject to the fingerprint and background check in subsection (1).
(b) If the applicant employs a business entity as a location manager, a person designated pursuant to 16-4-419(3) is subject to the fingerprint and background check in subsection (1).
(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) Approved applicants may use a single background check and set of fingerprints for multiple license applications within 5 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; amd. Sec. 3, Ch. 140, L. 2023.
2023 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 an alcoholic beverage license as provided in 16-4-401.
(3) An ownership interest in an alcoholic beverage license may be transferred to an existing owner with 15% or more ownership in the license without department approval, subject to reporting requirements at the time of renewal.
(4) 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 an alcoholic beverage 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; amd. Sec. 8, Ch. 97, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 4. Licensing Criteria › 16-4-416. Ownership of alcoholic beverage license by United States

16-4-416. Ownership of alcoholic beverage license by United States.
(1) Whenever right, title, and interest in an alcoholic beverage license vests in the United States, the United States shall promptly give notice to the department of its interest and shall have the license placed on nonuse status. The United States shall transfer ownership of the license to a qualified applicant within 180 days from the date on which it obtained an interest in the license. On receipt of an application to transfer the license, the department may, pursuant to 16-4-433, grant the applicant temporary operating authority to operate the license.
(2) The department, on 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; amd. Sec. 3, Ch. 28, L. 2023.
2023 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 -- nonuse approval

16-4-417. Approval of a licensee without premises -- nonuse approval.
(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) A license issued under subsection (1) must be immediately put on nonuse status until a premises is approved by the department and may not be transferred to another person or business entity prior to approval of the premises unless that transfer is due to a death of an owner or was reasonably beyond the control of the licensee. On 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. The department may extend the nonuse period if the licensee provides evidence that the delay in use is for reasons outside the licensee's control and that the licensee is making progress toward licensure.
(b) After approval of the premises, a licensee shall operate the license for 1 year prior to transferring the license to another person or business entity unless that transfer is due to a death of an owner.
(c) 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; amd. Sec. 2, Ch. 29, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 4. Licensing Criteria › 16-4-419. Location managers

16-4-419. Location managers.
(1) Each applicant and each licensee shall submit an application to the department designating at least one location manager. Except as provided in subsection (2), a location manager must meet the following requirements:
(a) the location manager's past record and present status as a purveyor of alcoholic beverages and as a business person and citizen demonstrate that the location manager is likely to operate the establishment in compliance with all applicable laws of the state and local governments;
(b) the location manager has not been convicted of a felony or, if the location manager has been convicted of a felony, the location manager's rights have been restored; and
(c) the location manager is not under 19 years of age.
(2) If a location manager is an applicant or owner required to be vetted under 16-4-401, the requirements of this section do not apply.
(3) If an applicant or licensee designates a business entity as a location manager, the business entity must designate at least one officer, member, or partner that meets the requirements of subsection (1).
History: En. Sec. 1, Ch. 140, L. 2023.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 4. Licensing Criteria › 16-4-431. Death or incapacity of licensee or owner of license -- rulemaking

16-4-431. Death or incapacity of licensee or owner of license -- rulemaking.
(1) The appointed conservator, guardian, personal representative, executor, or administrator shall notify the department within 90 days of appointment in the event of the death or the judicial determination of incapacity of a licensee or owner of the licensee if the licensee is an entity. In any event, the department must be notified within 180 days of the death or the judicial determination of incapacity of the licensee or owner of the licensee.
(2) The department may give the appointed conservator, guardian, personal representative, executor, or administrator or a trustee, or a designee of the appointed conservator, guardian, personal representative, executor, or administrator or a trustee, written approval to continue operation of the licensed business for the duration of the existing license and to renew the license when it expires. The appointed conservator, guardian, personal representative, executor, or administrator or a trustee, or a designee, must qualify for ownership of a license as provided in 16-4-401. If the department does not grant written approval to continue operation of the licensed business or the appointed conservator, guardian, personal representative, executor, or administrator or a trustee, or a designee, does not qualify for ownership of a license as provided in 16-4-401, the license must be placed on nonuse status.
(3) Within 60 days of the closing of a decedent's estate or the judicial determination of restored capacity of a previously incapacitated licensee or owner of a license and removal of a conservator or guardian, the department must be provided with a copy of a court order or other documentation resolving the matter and, if a transfer is warranted, the true party of interest shall apply to transfer the license.
(4) The department may adopt rules to implement this section.
History: En. Sec. 1, Ch. 6, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 4. Licensing Criteria › 16-4-432. License operation requirements

16-4-432. License operation requirements.
(1) A licensee under 16-4-104, 16-4-201, 16-4-204, or 16-4-420 shall:
(a) commence operating the license on issuance of the license from the department, unless the licensee was approved for a license without a premises under 16-4-417; and
(b) operate the license for 1 year prior to transferring the license to another person or business entity unless that transfer is due to a death of an owner.
(2) Failure to comply with the provisions of subsection (1) subjects the licensee to license revocation.
History: En. Sec. 1, Ch. 29, L. 2023.