reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 3. Miscellaneous Prohibitions and Penalties › 16-6-306. Bottle clubs prohibited

16-6-306. Bottle clubs prohibited.
(1) The operation of alcoholic beverage bottle clubs is prohibited by any individual or entity. A bottle club is defined as any individual or entity maintaining, operating, or leasing premises not licensed for the sale of alcoholic beverages in which alcoholic beverages are kept for consumption by members of the public or for the purpose of providing a place for consuming alcoholic beverages by members of the public for a fee or other consideration. For the purposes of this subsection, "consideration" includes but is not limited to a cover charge, the sale of food, ice, mixers, or any other fluids for alcoholic beverages, the furnishing of glassware or other containers for use in the consumption of alcoholic beverages, or the expectation of a purchase of a good or service.
(2) Nothing in this section prevents the service or consumption of alcoholic beverages at private gatherings. For the purposes of this subsection, "private gathering" means an event hosted by an individual that is not open to the general public and in which no fee or consideration is charged. The term does not include an event catered by a licensed retailer.
(3) Nothing in this section prohibits a licensed on-premises retailer or concessionaire from opening and serving to patrons 21 years of age or older wine from a sealed bottle brought to the premises by the patron for on-premises consumption. This service may not constitute a violation of 16-3-301 or this section, regardless of whether the licensed retailer charges a corkage fee.
(4) The department may assess a fine of up to $500 against individuals or entities serving alcoholic beverages or allowing consumption of alcoholic beverages in violation of subsection (1) without a license or special permit.
History: En. Sec. 1, Ch. 200, L. 1959; amd. Sec. 1, Ch. 109, L. 1963; Sec. 4-172, R.C.M. 1947; redes. 4-6-105 by Sec. 120, Ch. 387, L. 1975; R.C.M. 1947, 4-6-105; amd. Sec. 36, Ch. 68, L. 1987; amd. Sec. 9, Ch. 568, L. 2021.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 3. Miscellaneous Prohibitions and Penalties › 16-6-307. Consumption of alcoholic beverage on druggists' premises prohibited

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.
History: En. Sec. 51, Ch. 105, L. 1933; re-en. Sec. 2815.110, R.C.M. 1935; Sec. 4-156, R.C.M. 1947; amd. and redes. 4-6-106 by Sec. 20, Ch. 387, L. 1975; R.C.M. 1947, 4-6-106.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 3. Miscellaneous Prohibitions and Penalties › 16-6-308. Patent medicine prohibition

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.
History: En. Sec. 36, Ch. 105, L. 1933; re-en. Sec. 2815.95, R.C.M. 1935; Sec. 4-141, R.C.M. 1947; amd. and redes. 4-1-203 by Sec. 15, Ch. 387, L. 1975; R.C.M. 1947, 4-1-203(part).
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 3. Miscellaneous Prohibitions and Penalties › 16-6-309. Alcoholic beverages administered to institution inmates

16-6-309. Alcoholic beverages administered to institution inmates.
An alcoholic beverage may not be administered by any person under 16-1-204 except to bona fide patients or inmates of the institution of which the person is in charge, and every person in charge of an institution who administers alcoholic beverages in evasion or violation of this code is guilty of an offense against this code.
History: En. Sec. 34, Ch. 105, L. 1933; re-en. Sec. 2815.93, R.C.M. 1935; amd. Sec. 9, Ch. 154, L. 1965; Sec. 4-139, R.C.M. 1947; amd. and redes. 4-1-205 by Sec. 13, Ch. 387, L. 1975; R.C.M. 1947, 4-1-205(part); amd. Sec. 37, Ch. 68, L. 1987; amd. Sec. 207, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 3. Miscellaneous Prohibitions and Penalties › 16-6-310. Officer or agent of corporation deemed party to offense

16-6-310. Officer or agent of corporation deemed party to offense.
Where an offense against this code is committed by a corporation, the officer or agent of the corporation in charge of the premises in which the offense is committed shall prima facie be deemed to be a party to the offense so committed and shall be personally liable to the penalties prescribed for the offense as a principal offender. Nothing in this section shall relieve the corporation or the person who actually committed the offense from liability therefor.
History: En. Sec. 72, Ch. 105, L. 1933; re-en. Sec. 2815.131, R.C.M. 1935; Sec. 4-206, R.C.M. 1947; redes. 4-6-107 by Sec. 120, Ch. 387, L. 1975; R.C.M. 1947, 4-6-107.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 3. Miscellaneous Prohibitions and Penalties › 16-6-311. Occupant of premises deemed party to offense

16-6-311. Occupant of premises deemed party to offense.
Upon proof of the fact that an offense against this code has been committed by any person in the employ of the occupant of any house, shop, room, or other premises in which the offense is committed or by any person who is suffered by the occupant to be or remain in or upon such house, shop, room, or premises or to act in any way for the occupant, the occupant shall prima facie be deemed to be a party to the offense so committed and shall be liable to the penalties prescribed for the offense as a principal offender, notwithstanding the fact that the offense was committed by a person who is not proved to have committed it under or by the direction of the occupant. Nothing in this section shall relieve the person actually committing the offense from liability therefor.
History: En. Sec. 73, Ch. 105, L. 1933; re-en. Sec. 2815.132, R.C.M. 1935; Sec. 4-207, R.C.M. 1947; redes. 4-6-108 by Sec. 120, Ch. 387, L. 1975; R.C.M. 1947, 4-6-108.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 3. Miscellaneous Prohibitions and Penalties › 16-6-312. Premises where alcoholic beverages illegally sold -- public nuisance

16-6-312. Premises where alcoholic beverages illegally sold -- public nuisance.
Any room, house, building, boat, vehicle, structure, or place where alcoholic beverages are knowingly manufactured, sold, or bartered in violation of this code or 45-8-111 and all property knowingly kept and used in maintaining the same is hereby declared to be a public nuisance, and any person who maintains such a nuisance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $100 or more than $500 and be imprisoned not less than 30 days or more than 6 months.
History: En. Sec. 8, Ch. 30, L. 1937; Sec. 4-238, R.C.M. 1947; amd. and redes. 4-6-401 by Sec. 43, Ch. 387, L. 1975; amd. Sec. 16, Ch. 496, L. 1977; R.C.M. 1947, 4-6-401.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 3. Miscellaneous Prohibitions and Penalties › 16-6-313. Injunction actions

16-6-313. Injunction actions.
An action to enjoin any nuisance defined in this code may be brought in the name of the state of Montana by the attorney general of the state or by any county attorney. The action must be brought and tried as an action in equity and may be brought in any court having jurisdiction to hear and determine equity cases. If it appears, by affidavits or otherwise, to the satisfaction of the judge that the nuisance exists, a temporary writ of injunction must be issued restraining the defendant from conducting or permitting the continuance of the nuisance until the conclusion of the trial. If a temporary injunction is sought, the court may issue an order restraining the defendant and all other persons from removing or in any way interfering with the fixtures or other things used in connection with the violation of this code constituting the nuisance. A bond may not be required in instituting the proceedings. The court is not required to find that the property involved was being unlawfully used at the time of the hearing, but on finding that the material allegations of the petition are true, the court shall order that alcoholic beverages may not be manufactured, sold, or bartered in the room, house, building, boat, vehicle, structure, or place or any part of those locations. Upon judgment of the court ordering the nuisance to be abated, the court may order that the room, house, building, boat, vehicle, structure, or place may not be occupied or used for 1 year. The court may permit the location to be occupied or used if the owner, lessee, tenant, or occupant gives a bond with sufficient surety, to be approved by the court making the order, in the sum of not less than $500 or more than $1,000, payable to the state of Montana and conditioned that alcoholic beverages will not be manufactured, sold, or bartered at the location and that the person will pay all fines, costs, and damages that may be assessed for any violations of this code upon the property.
History: En. Sec. 48, Ch. 106, L. 1933; amd. Sec. 16, Ch. 46, Ex. L. 1933; re-en. Sec. 2815.49, R.C.M. 1935; Sec. 4-346, R.C.M. 1947; amd. and redes. 4-6-402 by Sec. 71, Ch. 387, L. 1975; R.C.M. 1947, 4-6-402; amd. Sec. 39, Ch. 68, L. 1987; amd. Sec. 208, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 3. Miscellaneous Prohibitions and Penalties › 16-6-314. Penalty for violating code -- revocation of license -- penalty for violation by underage person

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). (See compiler's comments for contingent termination of certain text.)
History: En. Sec. 38, Ch. 84, L. 1937; amd. Sec. 2, Ch. 226, L. 1947; amd. Sec. 1, Ch. 161, L. 1951; amd. Sec. 5, Ch. 240, L. 1971; amd. Sec. 6, Ch. 94, L. 1973; Sec. 4-439, R.C.M. 1947; amd. and redes. 4-6-404 by Sec. 104, Ch. 387, L. 1975; R.C.M. 1947, 4-6-404(part); amd. Sec. 5, Ch. 186, L. 1979; amd. Sec. 2, Ch. 105, L. 1985; amd. Sec. 3, Ch. 217, L. 1987; amd. Sec. 22, Ch. 83, L. 1989; amd. Sec. 1, Ch. 481, L. 1995; amd. Sec. 12, Ch. 501, L. 2007; amd. Sec. 6, Ch. 516, L. 2007; amd. Sec. 14, Ch. 591, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 10. Regulation of Cigarette Marketing › Part 1. Policy and Definitions › 16-10-101. Short title

16-10-101. Short title.
This chapter shall be known, designated, and cited as "The Montana Cigarette Sales Act".
History: En. Sec. 1, Ch. 258, L. 1965; R.C.M. 1947, 51-302.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 10. Regulation of Cigarette Marketing › Part 1. Policy and Definitions › 16-10-102. Declaration of policy

16-10-102. Declaration of policy.
The advertising, offering for sale, or sale of cigarettes below cost in the retail and wholesale trades is an unfair and deceptive business practice. It is the policy of the state to promote the public welfare, and it is the purpose of this chapter to carry out that policy in the public interest, stabilize the sale of cigarettes, and maximize and protect the state revenues from this source.
History: En. Preamble, Ch. 258, L. 1965; R.C.M. 1947, 51-301; amd. Sec. 5, Ch. 5, L. 1979; amd. Sec. 3, Ch. 578, L. 1995.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 10. Regulation of Cigarette Marketing › Part 1. Policy and Definitions › 16-10-104. Powers of department

16-10-104. Powers of department.
(1) In addition to the penalties and rights imposed and set forth in 16-10-402, the department shall enforce the provisions of this chapter.
(2) The department has the power to adopt, amend, and repeal rules necessary to enforce and administer the provisions of this chapter.
History: En. Sec. 13, Ch. 258, L. 1965; R.C.M. 1947, 51-314(part); amd. Sec. 5, Ch. 578, L. 1995.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 10. Regulation of Cigarette Marketing › Part 1. Policy and Definitions › 16-10-110. Licensure as both wholesaler and retailer allowed

16-10-110. Licensure as both wholesaler and retailer allowed.
This chapter does not prevent a person from being licensed as both a wholesaler and a retailer.
History: En. Sec. 1, Ch. 578, L. 1995.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 10. Regulation of Cigarette Marketing › Part 2. Sales Price of Cigarettes › 16-10-201. Wholesaler-to-wholesaler sales

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).
History: En. Sec. 4, Ch. 258, L. 1965; R.C.M. 1947, 51-305; amd. Sec. 6, Ch. 578, L. 1995.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 10. Regulation of Cigarette Marketing › Part 2. Sales Price of Cigarettes › 16-10-202. Repealed

16-10-202. Repealed.
Sec. 7, Ch. 130, L. 1991.
History: En. Sec. 5, Ch. 258, L. 1965; R.C.M. 1947, 51-306.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 10. Regulation of Cigarette Marketing › Part 2. Sales Price of Cigarettes › 16-10-203. Sales to meet competition permitted

16-10-203. Sales to meet competition permitted.
(1) (a) A retailer may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is selling the same article at cost to the competitor as a retailer as prescribed in this chapter.
(b) Any wholesaler may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is rendering the same type of service and is selling the same article at cost to the competitor as a wholesaler as prescribed in this chapter.
(c) The price of cigarettes advertised, offered for sale, or sold under the exceptions specified in 16-10-304 may not be considered the price of a competitor and may not be used as a basis for establishing prices below cost, and the price established at a bankruptcy sale may not be considered the price of a competitor within the purview of this section.
(2) In the absence of proof of the "price of a competitor" under this section, the "lowest cost to the retailer" or the "lowest cost to the wholesaler", determined by any "cost survey" made pursuant to 16-10-303, may be considered to be the "price of a competitor" within the meaning of this section.
History: En. Sec. 7, Ch. 258, L. 1965; R.C.M. 1947, 51-308; amd. Sec. 209, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 10. Regulation of Cigarette Marketing › Part 2. Sales Price of Cigarettes › 16-10-204. Determining cost -- prices below cost -- free merchandise

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.
History: En. Sec. 9, Ch. 258, L. 1965; R.C.M. 1947, 51-310; amd. Sec. 7, Ch. 578, L. 1995.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 10. Regulation of Cigarette Marketing › Part 2. Sales Price of Cigarettes › 16-10-205. Purchases outside ordinary trade channels

16-10-205. Purchases outside ordinary trade channels.
In establishing the cost of cigarettes to the retailer or wholesaler, the invoice cost of said cigarettes purchased at a forced, bankrupt, or closeout sale or other sale outside of the ordinary channels of trade may not be used as a basis for justifying a price lower than one based upon the replacement cost of the cigarettes to the retailer or wholesaler in the quantity last purchased through the ordinary channels of trade.
History: En. Sec. 10, Ch. 258, L. 1965; R.C.M. 1947, 51-311.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 10. Regulation of Cigarette Marketing › Part 3. Unlawful Practices -- Exceptions › 16-10-301. Sales below cost

16-10-301. Sales below cost.
It is unlawful and a violation of this chapter:
(1) for any retailer or wholesaler to:
(a) advertise, offer to sell, or sell, at retail or wholesale, cigarettes at less than cost to a retailer or wholesaler;
(b) offer a rebate in price, give a rebate in price, offer a concession of any kind, or give a concession of any kind in connection with the sale of cigarettes that are sold by the wholesaler or retailer in the ordinary course of trade or business if the rebate or concession offered or given in connection with the sale of cigarettes is not offered or given by the wholesaler or retailer in the same ratio with respect to all other merchandise to which the rebate or concession may lawfully be given;
(2) for any retailer to:
(a) induce or attempt to induce or procure or attempt to procure the purchase of cigarettes at a price less than the cost to the wholesaler, as defined in this chapter;
(b) induce or attempt to induce or procure or attempt to procure any rebate or concession of any kind or nature whatever in connection with the purchase of cigarettes.
History: En. Sec. 3, Ch. 258, L. 1965; R.C.M. 1947, 51-304(1), (2), (4); amd. Sec. 8, Ch. 578, L. 1995.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 10. Regulation of Cigarette Marketing › Part 3. Unlawful Practices -- Exceptions › 16-10-302. Illegal contracts

16-10-302. Illegal contracts.
Any contract, expressed or implied, made by any person in violation of any of the provisions of this chapter is declared to be an illegal and void contract, and no recovery thereon shall be had.
History: En. Sec. 8, Ch. 258, L. 1965; R.C.M. 1947, 51-309.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 10. Regulation of Cigarette Marketing › Part 3. Unlawful Practices -- Exceptions › 16-10-303. Cost survey as evidence

16-10-303. Cost survey as evidence.
When a cost survey pursuant to cost accounting practices used for income tax reporting purposes has been made by the department, a trade association, an industry group, a wholesaler, or a retailer to establish either the lowest cost to the retailer or the lowest cost to the wholesaler, or both, for the state, the cost survey is competent evidence for use in proving the cost to the person complained against within the provisions of this chapter.
History: En. Sec. 11, Ch. 258, L. 1965; R.C.M. 1947, 51-312; amd. Sec. 9, Ch. 578, L. 1995.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 10. Regulation of Cigarette Marketing › Part 3. Unlawful Practices -- Exceptions › 16-10-304. Exceptions

16-10-304. Exceptions.
The provisions of this chapter shall not apply to sales at retail or sales at wholesale made:
(1) as an isolated transaction and not in the usual course of business;
(2) where cigarettes are advertised, offered for sale, or sold in bona fide clearance sales for the purpose of discontinuing trade in such cigarettes and said advertising, offer to sell, or sale shall state the reason thereof and the quantity of such cigarettes advertised, offered for sale, or sold as imperfect or damaged and said advertising, offer to sell, or sale shall state the reason therefor and the quantity of such cigarettes advertised, offered for sale, or to be sold;
(3) where cigarettes are sold upon the final liquidation of a business; or
(4) where cigarettes are advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court.
History: En. Sec. 6, Ch. 258, L. 1965; R.C.M. 1947, 51-307.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 10. Regulation of Cigarette Marketing › Part 3. Unlawful Practices -- Exceptions › 16-10-305. Repealed

16-10-305. Repealed.
Sec. 7, Ch. 130, L. 1991.
History: En. Sec. 1, Ch. 139, L. 1985.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 10. Regulation of Cigarette Marketing › Part 3. Unlawful Practices -- Exceptions › 16-10-306. Cigarette and tobacco product labels -- federal requirements -- penalty

16-10-306. Cigarette and tobacco product labels -- federal requirements -- penalty.
(1) A person may not knowingly import into this state for sale or other distribution any package of cigarettes or tobacco product that violates any federal:
(a) tax, trademark, or copyright law; or
(b) requirement for the placement of labels, warnings, or other information, including health hazards, that must be on the container or individual package.
(2) A person may not sell or offer to sell a package of cigarettes or tobacco product or affix the tax insignia on a package of cigarettes, as provided in 16-11-113, knowing that:
(a) the package is marked as manufactured for use outside of the United States;
(b) any label or language has been altered from the manufacturer's original packaging and labeling to conceal the fact that the package was manufactured for use outside of the United States; or
(c) a stamp, label, or decal was affixed to conceal the fact that the package was manufactured for use outside of the United States.
(3) A package of cigarettes or tobacco product found in this state that is marked for use outside of the United States is contraband and may be seized without a warrant by the department, any agent of the department, or any peace officer. Any cigarettes or tobacco products seized as contraband must be destroyed by the department.
(4) (a) The department may proceed against a person who violates this section through a civil action under the civil enforcement provisions of Title 16, chapter 10, part 4.
(b) A violation of this section is criminally punishable by a fine in an amount not to exceed $10,000.
(5) For the purposes of this section, "cigarette" has the meaning defined in 16-11-102 and "tobacco product" means all products containing tobacco for human consumption or use except cigarettes.
History: En. Sec. 1, Ch. 465, L. 1999; amd. Sec. 7, Ch. 511, L. 2005.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 10. Regulation of Cigarette Marketing › Part 4. Enforcement › 16-10-401. Repealed

16-10-401. Repealed.
Sec. 35, Ch. 578, L. 1995.
History: En. Sec. 3, Ch. 258, L. 1965; R.C.M. 1947, 51-304(3).
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 10. Regulation of Cigarette Marketing › Part 4. Enforcement › 16-10-402. Injunctive and other civil relief

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).
History: En. Sec. 12, Ch. 258, L. 1965; R.C.M. 1947, 51-313; amd. Sec. 10, Ch. 578, L. 1995.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 10. Regulation of Cigarette Marketing › Part 4. Enforcement › 16-10-403. Revocation or suspension of license -- civil penalty

16-10-403. Revocation or suspension of license -- civil penalty.
(1) The department may revoke or suspend the license of, impose a civil penalty not to exceed $500 on, or order any combination of revocation, suspension, and penalty to be imposed on any licensed wholesaler or retailer upon sufficient cause appearing of the violation of this chapter or upon the failure of the licensee to comply with any of the provisions of this chapter.
(2) A license may not be suspended or revoked except upon notice to the licensee and after a hearing prescribed by the department at its principal office. The department, upon a finding by it that the licensee has failed to comply with any provisions of this chapter or any rule promulgated under this chapter, shall, in the case of a first offender, suspend the license of the licensee for a period of not less than 5 or more than 20 consecutive business days, impose a civil penalty in an amount not to exceed $500, or order both the suspension and the penalty. In the case of a second or plural offender, the department shall suspend the license for a period of not less than 20 consecutive business days or more than 12 months, impose a civil penalty in an amount not to exceed $500, or order both the suspension and the penalty. In the event the department finds the offender has been guilty of willful and persistent violations, it may revoke the licensee's license and, in its discretion, may impose a civil penalty in an amount not to exceed $500.
(3) Any person whose license has been revoked may apply to the department at the expiration of 1 year for a reinstatement of the license. The license may be reinstated by the department if it appears to the satisfaction of the department that the licensee will comply with the provisions of this chapter and the rules promulgated under this chapter.
(4) A person whose license has been suspended or revoked may not sell cigarettes or permit cigarettes to be sold during the period of the suspension or revocation on the premises occupied by the person or upon other premises controlled by the person or others or in any other manner or form whatever. A disciplinary proceeding or action is not barred or abated by the expiration, transfer, surrender, continuance, renewal, or extension of any license issued under the provisions of the cigarette tax law.
(5) Any determination by the department and any order of suspension or revocation of a license or refusal to reinstate a license after revocation is reviewable by the court in a proper case and in proceedings as provided by the procedural law of this jurisdiction.
History: En. Sec. 13, Ch. 258, L. 1965; R.C.M. 1947, 51-314(part); amd. Sec. 11, Ch. 578, L. 1995; amd. Sec. 42, Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 1. Tax on Tobacco Products › 16-11-101. Legislative intent

16-11-101. Legislative intent.
The legislature hereby declares that its intent in enacting 16-11-111 is to enable those who are subject to the taxes imposed by the federal tax laws to avail themselves of the deductions respecting state and local taxes specified in section 164 of the Internal Revenue Code, 26 U.S.C. 164, as amended, in computing their taxable income.
History: En. Sec. 2, Ch. 97, L. 1963; R.C.M. 1947, 84-5606.1; amd. Sec. 40, Ch. 114, L. 2003.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 1. Tax on Tobacco Products › 16-11-103. Powers of department

16-11-103. Powers of department.
(1) The department may prescribe rules not inconsistent with the provisions of this chapter for the detailed and efficient administration of this chapter. All rules and orders promulgated must be published promptly and a copy distributed to each wholesale licensee. The department is authorized to adopt rules for the effective collection and refund of the tax imposed by this chapter.
(2) The department of revenue and the department of justice and their duly authorized agents may conduct inquiries and hearings, and any member of the department of revenue, department of justice, or any agent may administer oaths and take testimony under oath relative to the matter of inquiry. The director, the attorney general, or an authorized agent may subpoena witnesses and require the production of books, papers, and documents pertinent to the inquiry. The director, the attorney general, or an agent, after the hearing, shall make findings and issue an order in writing. The findings and order must be filed in the office of the department of revenue or the department of justice and must be open for public inspection.
(3) The department is authorized to contract with the department of justice for the investigations required under this chapter. The department may appoint additional assistants and establish an additional division of tobacco product enforcement as required to carry out the provisions of this chapter.
(4) The department and the department of justice are authorized to employ clerical and field assistants necessary to properly administer the provisions of this chapter.
(5) The department of justice may appoint one or more investigators or prosecuting officers who, under its direction, shall perform the duties it may require.
(6) When requested by the department of revenue, the department of justice shall:
(a) investigate all matters relating to the purchase, sale, importation, exportation, possession, and delivery of tobacco products; and
(b) serve as a liaison to local law enforcement authorities in matters relating to tobacco law enforcement.
History: (1)Ap. p. Sec. 26, Ch. 140, L. 1969; amd. Sec. 219, Ch. 516, L. 1973; Sec. 84-5606.27, R.C.M. 1947; Ap. p. Sec. 7, Ch. 12, Ex. L. 1969; amd. Sec. 254, Ch. 516, L. 1973; Sec. 84-6807, R.C.M. 1947; (2)En. Sec. 22, Ch. 140, L. 1969; amd. Sec. 110, Ch. 405, L. 1973; Sec. 84-5606.23, R.C.M. 1947; (3)En. Sec. 27, Ch. 140, L. 1969; amd. Sec. 220, Ch. 516, L. 1973; Sec. 84-5606.28, R.C.M. 1947; (4)En. Sec. 29, Ch. 140, L. 1969; amd. Sec. 5, Ch. 222, L. 1971; amd. Sec. 222, Ch. 516, L. 1973; Sec. 84-5606.30, R.C.M. 1947; R.C.M. 1947, 84-5606.23, 84-5606.27, 84-5606.28(part), 84-5606.30(part), 84-6807; amd. Sec. 17, Ch. 414, L. 1993; amd. Sec. 9, Ch. 511, L. 2005.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 1. Tax on Tobacco Products › 16-11-104. Carriers to report shipments -- penalties

16-11-104. Carriers to report shipments -- penalties.
(1) Except as provided in subsection (3), every common carrier hauling, transporting, or shipping into or out of the state of Montana from or to any other state or country any tobacco products shall report in writing the shipments or deliveries to the department on forms furnished by the department. The reports must include the date, the person to whom the tobacco products were consigned and delivered, the quantity as shown by the bill of lading, and other information that the department may require. A carrier shall retain for 36 months all pertinent and relevant records necessary for the preparation of this report and any other information that the department may require.
(2) A common carrier who violates the provisions of subsection (1) is subject to civil penalties as determined by the department. For a first offense, a natural person shall be fined an amount not to exceed $50,000, and any other entity shall be fined an amount not to exceed $75,000. For a second or subsequent offense, a natural person shall be fined an amount not to exceed $100,000, and any other entity shall be fined an amount not to exceed $150,000.
(3) A common carrier hauling, transporting, or shipping tobacco products to a licensed wholesaler or retailer in Montana shall submit the reports described in subsection (1) to the department upon request of the department.
History: En. Sec. 19, Ch. 140, L. 1969; amd. Sec. 215, Ch. 516, L. 1973; R.C.M. 1947, 84-5606.20; amd. Sec. 3, Ch. 207, L. 1991; amd. Sec. 10, Ch. 511, L. 2005.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 1. Tax on Tobacco Products › 16-11-105. Rulemaking authority of department of justice

16-11-105. Rulemaking authority of department of justice.
The department of justice may adopt rules to implement 16-11-103, 16-11-118, 16-11-124, 16-11-141, 16-11-142, and 16-11-147.
History: En. Sec. 28, Ch. 414, L. 1993; amd. Sec. 5, Ch. 364, L. 2009.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 1. Tax on Tobacco Products › 16-11-106. Regular and systematic solicitation of business -- compliance with chapter

16-11-106. Regular and systematic solicitation of business -- compliance with chapter.
Every person who engages in the regular or systematic solicitation of consumers in this state to purchase tobacco products in any manner shall comply with all the requirements of this chapter and any rules adopted pursuant to this chapter.
History: En. Sec. 1, Ch. 511, L. 2005.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 1. Tax on Tobacco Products › 16-11-107. Secretary of state as process agent for unlicensed person doing business in state

16-11-107. Secretary of state as process agent for unlicensed person doing business in state.
Every person who engages in the regular or systematic solicitation of consumers in this state to purchase tobacco products in any manner without a license as required by this chapter must, by so doing, be considered to appoint the secretary of state as its agent upon whom all lawful process may be served. The secretary of state may be served with process issued within this state in any action or proceeding against the unlicensed person arising out of any contract or transaction. The regular and systematic solicitation of consumers in this state is considered to signify the person's assent to personal jurisdiction in the courts of this state and agreement that service of process on the secretary of state will have the same legal effect and validity as personal service of process upon the person in this state.
History: En. Sec. 2, Ch. 511, L. 2005.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 1. Tax on Tobacco Products › 16-11-108. Service of process

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.
History: En. Sec. 3, Ch. 511, L. 2005.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 1. Tax on Tobacco Products › 16-11-110. Repealed

16-11-110. Repealed.
Sec. 2, Ch. 27, L. 2015.
History: En. Sec. 2, Ch. 572, L. 1995; amd. Sec. 1, Ch. 6, L. 1997; Sec. 15-30-211, MCA 1995; redes. 16-11-110 by Sec. 2, Ch. 6, L. 1997.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 1. Tax on Tobacco Products › 16-11-112. Tax on ultimate consumer

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.
History: Ap. p. Sec. 6, Ch. 289, L. 1947; amd. Sec. 16, Initiative No. 54 (L. 1951, p. 781); amd. Sec. 1, Ch. 123, L. 1953; amd. Sec. 3, Ch. 18, L. 1957; amd. Sec. 7, Ch. 44, L. 1957; amd. Sec. 1, Ch. 222, L. 1957; amd. Sec. 1, Ch. 97, L. 1963; amd. Sec. 6, Ch. 270, L. 1963; amd. Sec. 5, Ch. 318, L. 1967; amd. Sec. 4, Ch. 222, L. 1971; Sec. 84-5606, R.C.M. 1947; Ap. p. Sec. 9, Ch. 140, L. 1969; Sec. 84-5606.10, R.C.M. 1947; R.C.M. 1947, 84-5606(1), 84-5606.10(part).
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 1. Tax on Tobacco Products › 16-11-113. Tax insignia

16-11-113. Tax insignia.
(1) Except as provided in this section, the wholesaler of any cigarettes shall cause to be securely affixed to the cigarettes the required insignia denoting the applicable tax.
(2) The insignia must be properly applied prior to sale, under regulations that the department may prescribe.
(3) Retailers licensed under this part may buy, sell, or have in their possession only cigarettes that have on each package the insignia provided for in this part. The insignia provided for in this part may be sold only to and must be affixed only by licensed wholesalers.
(4) If any cigarettes without the insignia affixed are found in the place of business of any unlicensed wholesaler, retailer, or other person, the presumption is that the cigarettes are kept in that place of business in violation of the provisions of this part.
(5) This section does not apply to a wholesaler who has cigarettes in possession that are either to be shipped or consigned to an Indian tribe that has entered into a cooperative agreement with the state or to a military reservation.
History: (1) thru (3)En. Sec. 6, Ch. 289, L. 1947; amd. Sec. 16, Initiative No. 54 (L. 1951, p. 781); amd. Sec. 1, Ch. 123, L. 1953; amd. Sec. 3, Ch. 18, L. 1957; amd. Sec. 7, Ch. 44, L. 1957; amd. Sec. 1, Ch. 222, L. 1957; amd. Sec. 1, Ch. 97, L. 1963; amd. Sec. 6, Ch. 270, L. 1963; amd. Sec. 5, Ch. 318, L. 1967; amd. Sec. 4, Ch. 222, L. 1971; Sec. 84-5606, R.C.M. 1947; (4)En. Sec. 6, Ch. 140, L. 1969; Sec. 84-5606.7, R.C.M. 1947; (5)En. Sec. 27, Ch. 140, L. 1969; amd. Sec. 220, Ch. 516, L. 1973; Sec. 84-5606.28, R.C.M. 1947; R.C.M. 1947, 84-5606(part), 84-5606.7, 84-5606.28(part); amd. Sec. 1, Ch. 382, L. 1979; amd. Sec. 3, Ch. 130, L. 1991; amd. Sec. 14, Ch. 578, L. 1995.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 1. Tax on Tobacco Products › 16-11-114. Insignia discount

16-11-114. Insignia discount.
(1) Each licensed wholesaler is entitled to purchase an insignia at full face value less the following percentage of the face value upon payment for the insignia as defrayment of the costs of affixing insignia and precollecting the tax on behalf of the state of Montana:
(a) 0.90% for the first 2,580 cartons or portion of 2,580 cartons purchased in any calendar month;
(b) 0.60% for the next 2,580 cartons or portion of 2,580 cartons purchased in any calendar month; and
(c) 0.45% for purchases in excess of 5,160 cartons in any calendar month.
(2) The taxes for tobacco products, other than cigarettes, that are paid by the wholesaler must be paid to the department in full less a 1.5% defrayment for the wholesaler's collection and administrative expenses and must, in accordance with the provisions of 17-2-124, be deposited by the department in the state general fund except as provided in 16-11-119. Refunds of the tax paid must be made as provided in 15-1-503 in cases in which the tobacco products purchased become unsalable.
History: En. Sec. 11, Ch. 140, L. 1969; R.C.M. 1947, 84-5606.12; amd. Sec. 2, Ch. 267, L. 1981; amd. Sec. 1, Ch. 600, L. 1983; amd. Sec. 15, Ch. 578, L. 1995; amd. Sec. 50, Ch. 544, L. 2003; amd. Sec. 3, I.M. No. 149, approved Nov. 2, 2004; amd. Sec. 12, Ch. 511, L. 2005; amd. Sec. 23, Ch. 475, L. 2007.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 1. Tax on Tobacco Products › 16-11-115. Tax meter machine -- tax stamp-applying machine -- purchase of stamps

16-11-115. Tax meter machine -- tax stamp-applying machine -- purchase of stamps.
(1) The department may authorize any wholesaler of cigarettes licensed under this part to use a tax meter machine to imprint an insignia upon each package of cigarettes imported, sold, or delivered in this state. The insignia must be one approved by the department. Each package of cigarettes imported into or delivered or sold in this state must be marked with the proper insignia of the tax-stamping meter, and any original package of cigarettes so marked may be lawfully possessed and sold within the state by any wholesaler licensed under this part. The department shall supervise and check the operation of the tax meter machines. Before using the machine, the operator of the machine shall take the machine's meter to the county treasurer of the county in which the machine is operated. The county treasurer shall set the meter for the number of packages specified and required by the operator. Prior to setting the meter, the county treasurer shall charge the operator the amount of money proper for the setting, less the expense defrayment provided for in 16-11-114. The county treasurer shall collect this amount in advance unless the department has allowed the purchaser credit as provided in 16-11-117. The county treasurer shall report to the department on forms prescribed by it the name of the licensed wholesaler and the number of packages for which the meter was set and shall forward to the department any amounts collected from the licensee.
(2) (a) The department may authorize a licensed wholesaler to affix tax stamps to packages of cigarettes with a heat-applied machine approved by the department. The department shall supervise and check the operation of the stamp-applying machine.
(b) Tax stamps applied as provided in this subsection must be purchased from the department, and payment for the stamps must accompany the order unless the department has allowed the purchaser to delay payment as provided in 16-11-117.
History: En. Sec. 13, Ch. 140, L. 1969; amd. Sec. 210, Ch. 516, L. 1973; R.C.M. 1947, 84-5606.13; amd. Sec. 2, Ch. 600, L. 1983; amd. Sec. 4, Ch. 130, L. 1991; amd. Sec. 16, Ch. 578, L. 1995.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 1. Tax on Tobacco Products › 16-11-116. Resale of insignia prohibited -- rebate

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.
History: En. Sec. 13, Ch. 140, L. 1969; amd. Sec. 211, Ch. 516, L. 1973; R.C.M. 1947, 84-5606.14; amd. Sec. 5, Ch. 130, L. 1991; amd. Sec. 17, Ch. 578, L. 1995.