reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 3. Retail Sales Restrictions › 16-3-307. Sale of liquor at less than posted price unlawful

16-3-307. Sale of liquor at less than posted price unlawful.
Except as provided in 16-2-201, it is unlawful for a licensee under the provisions of this code to resell liquor purchased by the licensee from an agency liquor store for a sum less than the posted price established by the department.
History: En. Sec. 19, Ch. 84, L. 1937; Sec. 4-421, R.C.M. 1947; amd. and redes. 4-3-307 by Sec. 98, Ch. 387, L. 1975; R.C.M. 1947, 4-3-307; amd. Sec. 30, Ch. 530, L. 1995; amd. Sec. 2, Ch. 12, L. 2013.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 3. Retail Sales Restrictions › 16-3-308. Refilling of liquor bottles prohibited

16-3-308. Refilling of liquor bottles prohibited.
(1) A person who sells or offers liquor for sale, or an agent or employee of the person, may not:
(a) place in any liquor bottle any liquor other than that contained in the bottle at the time of bottling by an alcoholic beverage manufacturer;
(b) possess any liquor bottle in which any liquor has been placed in violation of subsection (1)(a);
(c) by the addition of any substance to any liquor bottle, in any manner alter or increase any portion of the original contents contained in the bottle at the time of bottling by an alcoholic beverage manufacturer; or
(d) possess any liquor bottle of which any portion of its contents has been altered or increased in violation of subsection (1)(c).
(2) This section does not prohibit any reuse of liquor bottles that is permitted under laws or regulations of the federal government.
History: En. 4-3-308 by Sec. 117, Ch. 387, L. 1975; R.C.M. 1947, 4-3-308; amd. Sec. 10, Ch. 591, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 3. Retail Sales Restrictions › 16-3-309. Sales prohibited by ordinance

16-3-309. Sales prohibited by ordinance.
(1) An incorporated city may enact an ordinance defining certain areas in its incorporated limits where alcoholic beverages may or may not be sold.
(2) A county may enact an ordinance or resolution defining certain areas in the county, not within the incorporated limits of a city, where alcoholic beverages may or may not be sold.
(3) In enacting such an ordinance or resolution, the county or city may provide that the provisions of 16-3-306(1) do not apply within the jurisdictional area of the ordinance or resolution. If a county or city has supplanted the provisions of 16-3-306(1), upon request of the department the governing body of the county or city must certify to the department whether or not the person or individual identified in the request may lawfully sell alcoholic beverages under the terms of the ordinance or resolution. The department is bound by the determination set forth in the certification.
(4) No county or incorporated city may by ordinance restrict the number of licenses that the department may issue.
History: 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; R.C.M. 1947, 4-4-201(part); amd. Sec. 2, Ch. 662, L. 1983.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 3. Retail Sales Restrictions › 16-3-310. Lapse of license for nonuse -- approved nonuse

16-3-310. Lapse of license for nonuse -- approved nonuse.
(1) Any retail license issued pursuant to this code (including any retail license to sell beer and table wine for off-premises consumption) not actually used in a going establishment for 90 days must automatically lapse if the licensee does not notify the department within the 90-day time period. On determining the fact of nonuse for this period, the department shall cancel the license of record and no portion of the fee paid for it may be refundable.
(2) The provisions of this section do not apply to the license of any licensee whose premises are operated on a seasonal basis, provided the licensee has secured written authority from the department to close and has licensed premises for a specified period of greater than 90 days' duration.
(3) If the licensee notifies the department within the 90 days of nonuse, the department shall grant approved nonuse for up to 1 year. 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 or that the licensee is progressing on a department-approved alteration.
History: En. 4-4-203 by Sec. 80, Ch. 387, L. 1975; R.C.M. 1947, 4-4-203; amd. Sec. 20, Ch. 68, L. 1987; amd. Sec. 1, Ch. 35, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 3. Retail Sales Restrictions › 16-3-312. Curbside pickup

16-3-312. Curbside pickup.
(1) Licensed entities and agency liquor stores provided under subsection (3) may offer curbside pickup.
(2) Curbside pickup constitutes the sale of alcoholic beverages in original packaging, prepared servings, or growlers that was ordered online, through the phone, or in person, including but not limited to ordering through a drive-through window, for pickup from the licensee or agency liquor store during normal business hours and within 300 feet of the licensed premises or agency liquor stores, including a drive-through window. Curbside pickup is intended for consumption somewhere other than the pickup location. It is not intended for delivery to residences or other businesses, including but not limited to restaurants or hotels.
(3) This only applies to licenses issued under 16-3-213, 16-3-214, 16-3-411, 16-4-105, 16-4-110, 16-4-115, 16-4-201, 16-4-209, 16-4-213, 16-4-312, and 16-4-420, and agency liquor stores under 16-2-101.
History: En. Sec. 1, Ch. 194, L. 2021; amd. Sec. 1, Ch. 103, L. 2023; amd. Sec. 1, Ch. 359, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 3. Retail Sales Restrictions › 16-3-313. Periodic government or tribal-issued identification data destruction

16-3-313. Periodic government or tribal-issued identification data destruction.
(1) A business that scans a person's government or tribal-issued identification to determine the person's age solely for the sale of age-restricted items:
(a) shall use data or metadata from the scan only to determine the person's age;
(b) may not transfer or sell that data or metadata to another party; and
(c) shall permanently delete any data or metadata from the scan within 180 days.
(2) Nothing in this section may be construed to limit the collection and preservation of information required by federal law for the sale of ephedrine or pseudoephedrine.
History: En. Sec. 1, Ch. 264, L. 2021.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 3. Retail Sales Restrictions › 16-3-316. Fundraising events for nonprofit and tax-exempt organizations

16-3-316. Fundraising events for nonprofit and tax-exempt organizations.
(1) A nonprofit organization governed under Title 35, chapter 2, or an organization designated as tax-exempt under the provisions of section 501(c) of the Internal Revenue Code, 26 U.S.C. 501(c), as amended, may raffle or auction alcoholic beverages at fundraising events. Any alcoholic beverage raffled or auctioned must be given by the organization to the raffle or auction winner sealed in its original package.
(2) If the fundraising event is held on the premises of a business licensed under this code or on premises for which a permit has been issued under this code, the alcoholic beverage may not be consumed on the premises. An alcoholic beverage that is on a licensee's premises solely for a fundraising event under this section does not constitute a violation by the licensee of 16-3-301(1)(a) or 16-6-303.
(3) A nonprofit or tax-exempt organization may hold no more than four events per calendar year at which alcoholic beverages are raffled or auctioned. The duration of each event must be announced at the time any raffle tickets are sold or auction bids are received. Raffles and auctions held pursuant to this section must be to directly support bona fide charitable, nonprofit, or tax-exempt activities.
(4) An alcoholic beverage for raffle or auction must be:
(a) acquired, whether by purchase or donation, by the organization from a retailer or manufacturer licensed under the provisions of this code;
(b) acquired, whether by purchase at not less than the posted price or by donation, by the organization from an agency liquor store; or
(c) received by the organization as a donation at no cost to the organization from any other person except one licensed as a wholesaler or distributor under this code.
(5) No proceeds from the raffle or auction of alcoholic beverages may go to anyone who provided the alcoholic beverages to the organization for the raffle or auction.
(6) For a raffle or auction described in subsection (1), raffle tickets may not be sold to, and auction bids may not be solicited or received from, any person under 21 years of age. The organization raffling or auctioning alcoholic beverages may not sell, deliver, or give away any alcoholic beverage to a person under 21 years of age or to any person actually, apparently, or obviously intoxicated.
(7) As used in this section:
(a) "auction" means the sale of an item or items, which may include alcoholic beverages, whereby the item for sale is sold to the highest bidder at the bid price. An auctioned item or items may have a reserve price.
(b) "raffle" means an event in which a nonprofit or tax-exempt organization sells tickets and each ticket gives the purchaser of the ticket the chance to win a prize, which may include alcoholic beverages, with the winner determined by a random drawing.
History: En. Sec. 2, Ch. 86, L. 2011; amd. Sec. 11, Ch. 591, L. 2023; amd. Sec. 5, Ch. 622, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 3. Retail Sales Restrictions › 16-3-321. Keg identification tag

16-3-321. Keg identification tag.
(1) A licensee may not sell a keg of beer unless an identification tag is attached to the keg by the licensee.
(2) An identification tag must consist of paper, plastic, metal, or durable material that is not easily damaged or destroyed. An identification tag may be attached to a keg at the time of sale with a nylon tie or cording, wire tie or other metal attachment device, or other durable means of tying or attaching the tag to the keg.
(3) The identification information contained on the tag must include:
(a) the licensee's name, address, and telephone number; and
(b) a prominently visible warning that intentional removal or defacement of the tag is a criminal offense.
(4) A retailer that accepts the return of a keg that does not have an identification tag attached shall obtain the information required in 16-3-322 on the original purchaser, to the extent possible, and obtain the same information on the person returning the keg. This information must be kept on file with the retailer for not less than 45 days from the date of return.
(5) A person, other than the licensee, the wholesaler of malt beverages, or a law enforcement officer, may not intentionally remove identification placed on a keg in compliance with this section.
(6) For the purposes of 16-3-321 through 16-3-324, the following definitions apply:
(a) "Keg" means a brewery-sealed, single container that contains not less than 7 gallons of beer.
(b) "Licensee" means a person who is licensed under Title 16, chapter 4, and who sells kegs to a consumer.
(7) The department shall develop and make available the identification tags required by this section.
History: En. Sec. 1, Ch. 441, L. 2005.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 3. Retail Sales Restrictions › 16-3-322. Recordkeeping

16-3-322. Recordkeeping.
(1) A licensee, at the time of the sale of a keg, shall record the following:
(a) the purchaser's name, address, and date of birth and the number of the purchaser's driver's license, state-issued or military identification card, tribal identification card, or valid United States or foreign passport;
(b) the date of purchase;
(c) the name of the clerk making the sale; and
(d) the purchaser's signature and date of purchase.
(2) The licensee shall maintain the record for not less than 45 days after the date of the sale.
(3) A licensee who maintains the records required by this section shall make the records available during regular business hours for inspection by law enforcement pursuant to 16-3-323.
History: En. Sec. 2, Ch. 441, L. 2005; amd. Sec. 16, Ch. 44, L. 2007; amd. Sec. 1, Ch. 180, L. 2007.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 3. Retail Sales Restrictions › 16-3-323. Enforcement

16-3-323. Enforcement.
(1) A law enforcement officer may not request information on file about the original purchaser of a keg unless in connection with a violation of 16-6-305, 45-5-623, or 45-5-624(4). The officer shall return any recovered keg to the licensee and verify the information on file about the original purchaser.
(2) The deposit on the keg and any related deposit to the licensee must be forfeited by the original purchaser.
History: En. Sec. 3, Ch. 441, L. 2005.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 3. Retail Sales Restrictions › 16-3-324. Violations

16-3-324. Violations.
(1) A person who knowingly fails to attach a keg tag as provided in 16-3-321 is guilty of a misdemeanor and shall be fined an amount not to exceed $100.
(2) A person may not remove, deface, or damage the identification on a keg purposely to make it unreadable. A person convicted of purposely removing, defacing, or damaging a tag shall be fined an amount not to exceed $500 or be imprisoned in the county jail for not more than 6 months, or both.
History: En. Sec. 4, Ch. 441, L. 2005; amd. Sec. 17, Ch. 44, L. 2007.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 4. Sale of Table Wine › 16-3-401. Short title -- public policy -- purpose

16-3-401. Short title -- public policy -- purpose.
(1) This part may be cited as the "Wine Distribution Act".
(2) The public policy of the state of Montana is to maintain a system to provide for, regulate, and control the acquisition, importation, and distribution of table wine.
(3) This part governs wineries, table wine distributors, and wine retailers.
(4) This code does not prohibit the manufacture of wine, for personal or family use and not intended for sale, that meets the exemptions of 26 U.S.C. 5042(a)(2) and regulations implementing that section, including the making of wine, for personal or family use, on premises other than those of the person making the wine.
History: En. Sec. 1, I.M. No. 81, app. Nov. 7, 1978; amd. Sec. 1, Ch. 699, L. 1979; amd. Sec. 21, Ch. 68, L. 1987; amd. Sec. 9, Ch. 314, L. 1991; amd. Sec. 31, Ch. 530, L. 1995; amd. Sec. 3, Ch. 501, L. 2007; amd. Sec. 12, Ch. 591, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 4. Sale of Table Wine › 16-3-402. Importation of wine -- records

16-3-402. Importation of wine -- records.
(1) Except as provided in 16-3-411, 16-4-313, and Title 16, chapter 4, part 11, all table wine manufactured outside of Montana and shipped into Montana must be consigned to and shipped to a licensed table wine distributor and be unloaded by the distributor into the distributor's warehouse in Montana or subwarehouse in Montana. The distributor shall distribute the table wine from the warehouse or subwarehouse.
(2) The distributor shall keep records at the distributor's principal place of business of all table wine, including the name or kind received, on hand, sold, and distributed. The records may at all times be inspected by the department.
(3) Table wine that has been shipped into Montana in violation of this code must be seized by any peace officer or representative of the department and may be confiscated in the manner as provided for the confiscation of intoxicating liquor.
History: En. Sec. 4, I.M. 81, app. Nov. 7, 1978; amd. Sec. 3, Ch. 699, L. 1979; amd. Sec. 32, Ch. 530, L. 1995; amd. Sec. 4, Ch. 501, L. 2007; amd. Sec. 4, Ch. 115, L. 2013; amd. Sec. 5, Ch. 184, L. 2013.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 4. Sale of Table Wine › 16-3-403. To whom table wine distributor may sell

16-3-403. To whom table wine distributor may sell.
(1) A table wine distributor may sell and deliver table wine purchased or acquired by the distributor to:
(a) another table wine distributor, retailer, or common carrier that holds a license issued by the department of revenue; and
(b) an agency liquor store.
(2) It is unlawful for any table wine distributor to sell, deliver, or give away any table wine to be consumed on the distributor's premises or to give, sell, deliver, or distribute any table wine purchased or acquired by the distributor to the public.
History: En. Sec. 5, I.M. 81, app. Nov. 7, 1978; amd. Sec. 4, Ch. 699, L. 1979; amd. Sec. 3, Ch. 629, L. 1987; amd. Sec. 33, Ch. 530, L. 1995.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 4. Sale of Table Wine › 16-3-404. Monthly report of table wine distributor and retailer

16-3-404. Monthly report of table wine distributor and retailer.
(1) Each licensed table wine distributor shall, on or before the 15th day of each month, make an exact return to the department of revenue reporting the amount of table wine purchased or acquired by the distributor during the previous month, the amount of table wine sold and delivered by the distributor during the previous month, and the amount of inventory on hand in the manner and form prescribed by the department. The department has the right at any time to make an examination of the table wine distributor's books and premises and otherwise check the accuracy of the return or check the alcoholic content of table wine that the distributor may have on hand.
(2) Each wine retailer licensed to do business in this state shall, on or before the 15th day of each month, in the manner and form prescribed by the department, make a return to the department reporting the amount of wine purchased directly from any out-of-state winery in the previous month.
History: En. Sec. 6, I.M. 81, app. Nov. 7, 1978; amd. Sec. 5, Ch. 501, L. 2007.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 4. Sale of Table Wine › 16-3-405. Carriers' reports of table wine transported

16-3-405. Carriers' reports of table wine transported.
Every railroad, motor carrier, and airline transporting table wine manufactured out of this state from points outside this state and delivering to points within this state shall, if requested by the department, on or before the fifteenth day of each month, make an exact return to the department of revenue of the amount of such table wine so transported and delivered by such railroad, motor carrier, or airline during the previous month, and shall state in such return the name and address of the consignor and consignee, the date of delivery, and the amount delivered. A carrier shall retain for 30 months all pertinent and relevant records necessary for the preparation of this report and any other information the department may require.
History: En. Sec. 7, I.M. No. 81, app. Nov. 7, 1978; amd. Sec. 2, Ch. 207, L. 1991.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 4. Sale of Table Wine › 16-3-406. Financial interest in retailers prohibited

16-3-406. Financial interest in retailers prohibited.
(1) A winery or table wine distributor may not advance or loan money to, or furnish money for, or pay for or on behalf of any retailer any license or tax that may be required to be paid by any retailer, and a winery or table wine distributor may not be financially interested, either directly or indirectly, in the conduct or operation of the business of a retailer.
(2) A winery or table wine distributor is considered to have a financial interest if:
(a) the winery or table wine distributor owns or holds any interest in or a lien or mortgage against the retailer or the retailer's premises; or
(b) the winery or table wine distributor is under any contract with a retailer concerning future purchases or the sale of merchandise by one from or to the other; or
(c) the table wine distributor extends more than 7 days' credit to a retail licensee or furnishes to any retail licensee any furniture, fixtures, or equipment to be used in the dispensation or sale of table wine; or
(d) any retailer holds an interest as a stockholder, or otherwise, in the business of the table wine distributor.
History: En. Sec. 8, I.M. No. 81, app. Nov. 7, 1978; amd. Sec. 197, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 4. Sale of Table Wine › 16-3-415. Definitions

16-3-415. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Agreement of distributorship" means a contract, agreement, commercial relationship, license, or other arrangement for a definite or an indefinite period of time between a supplier and a table wine distributor that provides for the sale of table wine by the supplier to the table wine distributor.
(2) "Good cause" means failure by a table wine distributor to comply with reasonable business requirements imposed, or sought to be imposed, by a supplier under the terms of an agreement of distributorship if the requirements are imposed on other similarly situated distributors either by the terms of their agreements or in the manner of their enforcement by the supplier.
(3) "Person" means a natural person, corporation, partnership, trust, agency, or other entity and includes individual officers, directors, or other persons in active control of the activities of the entity.
(4) "Supplier" means a winery or an importer of table wines that enters into or is a party to an agreement of distributorship with a table wine distributor.
History: En. Sec. 1, Ch. 314, L. 1991.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 4. Sale of Table Wine › 16-3-417. Supplier provisions

16-3-417. Supplier provisions.
(1) An agreement of distributorship must provide that a table wine distributor shall:
(a) maintain the financial and competitive capability to efficiently and effectively distribute a supplier's products;
(b) maintain the quality and integrity of a supplier's products in a manner set forth by the supplier;
(c) exert the table wine distributor's best efforts to sell the supplier's wines;
(d) merchandise the products in retail stores as agreed between the table wine distributor and the supplier; and
(e) give a supplier not less than 60 days' written notice of the table wine distributor's intent to terminate an agreement of distributorship.
(2) As provided in 16-3-416, a supplier may terminate an agreement of distributorship based on a deficiency or other good cause by giving 60 days' prior written notice to the table wine distributor.
(3) A supplier may terminate an agreement of distributorship immediately and without notice if the reason for the termination is insolvency, assignment for the benefit of creditors, bankruptcy, or revocation or suspension for more than 14 days of a license to operate that is required by the state or the federal government.
History: En. Sec. 4, Ch. 314, L. 1991.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 4. Sale of Table Wine › 16-3-418. Dual appointments -- equal support -- alternate supplier -- dock sales

16-3-418. Dual appointments -- equal support -- alternate supplier -- dock sales.
(1) (a) A supplier may appoint one or more table wine distributors to distribute its table wines in a specified territory. If the supplier appoints two or more table wine distributors to sell its table wines in the same or overlapping territories, the supplier shall offer the same prices, delivery, terms, and promotional support to each table wine distributor.
(b) A supplier may not appoint more than one table wine distributor to distribute its hard cider in a specified territory.
(c) For the purposes of this subsection (1), "table wine" has the meaning assigned in 16-1-106, but does not include hard cider.
(2) (a) Except as provided in subsections (2)(b) through (2)(d), table wine may not be delivered to a licensed retailer or liquor store agent at any location other than the retailer's licensed premises or agency liquor store.
(b) An all-beverages licensee may personally or through an employee obtain from any distributor's warehouse any quantity of table wine that the all-beverages licensee and distributor may agree to buy and sell.
(c) Liquor store agents or retailers other than all-beverages licensees may personally or through an employee obtain from the distributor's warehouse any quantity of table wine as the agent or retailer and distributor may agree to buy and sell only within the territory of the distributor in which the agent's liquor store or retailer is located.
(d) When a table wine distributor's trucks and equipment are incapable of delivering table wine to a retail licensee's premises due to the unique physical location of the retail licensee's premises, examples of which are premises located on an island or atop a mountain, the table wine distributor and retail licensee may seek prior department approval for an alternative delivery arrangement on a form provided by the department. If the department approves the alternative delivery arrangement request, the department shall provide the table wine distributor and the retail licensee a written summary of the conditions of the approved delivery arrangement. Failure to comply with the approved alternative delivery arrangement may subject the table wine distributor or retail licensee to administrative action.
History: En. Sec. 5, Ch. 314, L. 1991; amd. Sec. 4, Ch. 399, L. 1997; amd. Sec. 2, Ch. 163, L. 2001; amd. Sec. 7, Ch. 501, L. 2007; amd. Sec. 9, Ch. 194, L. 2021.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 4. Sale of Table Wine › 16-3-419. Suppliers' prohibitions

16-3-419. Suppliers' prohibitions.
A supplier may not:
(1) coerce, induce, or attempt to coerce or induce a table wine distributor to engage in an illegal act or course of conduct;
(2) require a table wine distributor to accept delivery of a product or other item or commodity that was not ordered by the wine distributor;
(3) fix or maintain the price at which a distributor shall resell table wine.
History: En. Sec. 2, Ch. 314, L. 1991; amd. Sec. 2, Ch. 226, L. 1995.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 4. Sale of Table Wine › 16-3-420. Applicability

16-3-420. Applicability.
Within 60 days after April 18, 2023, or within 60 days after the execution of a new agreement by the parties, whichever is later, an agreement of distributorship must be reduced to writing and an exact copy of the agreement must be filed by the table wine distributor with the department as a public document and must be available to any of the parties to a dispute. Upon filing with the department, the agreement becomes subject to the provisions of 16-1-106, 16-3-401, and 16-3-415 through 16-3-421.
History: En. Sec. 6, Ch. 314, L. 1991; amd. Sec. 3, Ch. 118, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 4. Sale of Table Wine › 16-3-421. Injunction

16-3-421. Injunction.
A person injured by a violation of this part may bring a civil action in a court of competent jurisdiction to enjoin further violations in addition to other remedies provided by law.
History: En. Sec. 7, Ch. 314, L. 1991.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 1. Beer and Wine Licenses › 16-4-101. Applications for sale, import, or manufacture of beer -- qualifications of applicant

16-4-101. (Temporary) Applications for sale, import, or manufacture of beer -- qualifications of applicant.
(1) Any person desiring to manufacture, distribute, import, or sell beer under the provisions of this code shall first apply to the department for a license to do so and pay with the application the license fee prescribed. The department shall require of the applicant satisfactory evidence that the applicant is suitable for carrying on the operations of a license.
(2) On being satisfied, from the application or otherwise, that the applicant is qualified, the department shall issue a license to the person, and the license must at all times be prominently displayed at the licensed premises.
(3) If the department finds that the applicant is not qualified, a license may not be granted and the license fee must be returned.
16-4-101. (Effective July 1, 2024) Applications for sale, import, or manufacture of beer -- qualifications of applicant.
(1) Except as provided in subsection (4), any person desiring to manufacture, distribute, import, or sell beer under the provisions of this code shall first apply to the department for a license to do so and pay with the application fee prescribed. The department shall require of the applicant satisfactory evidence that the applicant is suitable for carrying on the operations of a license.
(2) On being satisfied, from the application or otherwise, that the applicant is qualified, the department shall issue a license to the person, and the license must at all times be prominently displayed at the licensed premises.
(3) If the department finds that the applicant is not qualified, a license may not be granted and the license fee must be returned.
(4) A brewery that is not located in the state or a beer importer that holds the appropriate license from the United States department of the treasury that desires to distribute its beer within this state through licensed beer wholesalers shall apply to the department for registration on forms to be prepared and furnished by the department.
(5) A brewery or beer importer may not ship beer into this state until the registration is granted by the department. The registration may be canceled or suspended by the department upon a finding after notice and hearing that the registrant has not complied with the terms of its registration.
History: En. Sec. 6, Ch. 106, L. 1933; re-en. Sec. 2815.15, R.C.M. 1935; Sec. 4-310, R.C.M. 1947; amd. and redes. 4-4-101 by Sec. 50, Ch. 387, L. 1975; R.C.M. 1947, 4-4-101; amd. Sec. 19, Ch. 19, L. 1985; amd. Sec. 1, Ch. 97, L. 2023; amd. Sec. 7, Ch. 749, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 1. Beer and Wine Licenses › 16-4-102. Right of breweries to maintain and operate storage depots -- annual licenses

16-4-102. Right of breweries to maintain and operate storage depots -- annual licenses.
A brewery that is located in Montana and licensed to manufacture beer, upon payment to the department of an annual license fee as provided in 16-4-501 for each storage depot operated by the brewery, in addition to all other fees and taxes required to be paid by the brewery, may own, lease, maintain, and operate anywhere in the state a storage depot for receiving, handling, and storing beer and for distributing and selling beer, subject to this code.
History: En. Sec. 6, Ch. 166, L. 1951; Sec. 4-317.1, R.C.M. 1947; amd. and redes. 4-4-102 by Sec. 54, Ch. 387, L. 1975; R.C.M. 1947, 4-4-102; amd. Sec. 3, Ch. 178, L. 1983; amd. Sec. 2, Ch. 55, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 1. Beer and Wine Licenses › 16-4-103. Wholesalers' licenses -- application and issuance -- subwarehouses -- imported beer handled through warehouse or subwarehouse -- wine storage

16-4-103. (Temporary) Wholesalers' licenses -- application and issuance -- subwarehouses -- imported beer handled through warehouse or subwarehouse -- wine storage.
(1) Any person desiring to sell and distribute beer as a wholesaler shall apply to the department for a license and tender with the application the required license fee. The department shall issue wholesale licenses to qualified applicants in accordance with the provisions of this code. A license must be prominently displayed at all times in the place of business of the wholesaler.
(2) An applicant shall maintain a fixed place of business, sufficient capital, and the facilities, storehouse, receiving house, or warehouse for the receiving of, storage, handling, and moving of beer in large and jobbing quantities for distribution and sale in original packages to other licensed wholesalers or licensed retailers. Each wholesaler is entitled to only one wholesale license, which must be issued for the wholesaler's principal place of business in Montana. Duplicate licenses may be issued for the wholesaler's subwarehouses in Montana. The duplicate licenses must be prominently displayed at all times at the subwarehouses.
(3) If the applicant is a foreign corporation, the corporation must be authorized to do business in Montana.
(4) A wholesaler that is also licensed as a table wine distributor may store wine in any of the wholesaler's warehouses or subwarehouses.
(5) As used in subsection (1), "distribute" has the meaning provided in 16-3-218. (Repealed effective July 1, 2024--sec. 5, Ch. 138, L. 2023, sec. 8, Ch. 138, L. 2023.)
History: En. Sec. 14, Ch. 106, L. 1933; amd. Sec. 5, Ch. 46, Ex. L. 1933; re-en. Sec. 2815.23, R.C.M. 1935; amd. Sec. 1, Ch. 246, L. 1947; amd. Sec. 5, Ch. 166, L. 1951; amd. Sec. 1, Ch. 222, L. 1965; Sec. 4-318, R.C.M. 1947; amd. and redes. 4-4-103 by Sec. 56, Ch. 387, L. 1975; R.C.M. 1947, 4-4-103(part); amd. Sec. 1, Ch. 359, L. 1981; amd. Sec. 6, Ch. 61, L. 1987; amd. Sec. 1, Ch. 143, L. 2005.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 1. Beer and Wine Licenses › 16-4-104. Beer retailer's license -- application and issuance -- check of alcoholic content by department

16-4-104. Beer retailer's license -- application and issuance -- check of alcoholic content by department.
(1) Any person desiring to possess and have beer for the purpose of retail sale under the provisions of this code shall first apply to the department for a license to do so and submit with the application the license fee.
(2) On being satisfied, from the application or otherwise, that the applicant is qualified, the department shall issue a license to the person. The license must at all times be prominently displayed at the licensed premises.
(3) If the department finds that the applicant is not qualified, a license may not be granted and the license fee must be returned by the department.
(4) The department may, at any time, examine the books of account and the premises of any licensed retailer and otherwise check the retailer's methods of conducting business and the alcoholic content of the beer kept for sale.
(5) A person may not sell beer at retail without a valid license issued under this code.
History: En. Sec. 28, Ch. 106, L. 1933; amd. Sec. 9, Ch. 46, Ex. L. 1933; re-en. Sec. 2815.30, R.C.M. 1935; Sec. 4-327, R.C.M. 1947; amd. and redes. 4-4-104 by Sec. 62, Ch. 387, L. 1975; R.C.M. 1947, 4-4-104; amd. Sec. 198, Ch. 56, L. 2009; amd. Sec. 3, Ch. 97, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 1. Beer and Wine Licenses › 16-4-106. Beer and table wine license transfers

16-4-106. Beer and table wine license transfers.
A transfer of any brewer's, beer wholesaler's, table wine distributor's, beer retailer's, or table wine retailer's license may be made on application to the department with the consent of the department, provided that the transferee qualifies under this code.
History: En. Sec. 45, Ch. 106, L. 1933; amd. Sec. 15, Ch. 46, Ex. L. 1933; re-en. Sec. 2815.44, R.C.M. 1935; amd. Sec. 2, Ch. 246, L. 1947; amd. Sec. 1, Ch. 122, L. 1963; Sec. 4-341, R.C.M. 1947; amd. and redes. 4-4-401 by Sec. 68, Ch. 387, L. 1975; amd. Sec. 10, Ch. 496, L. 1977; R.C.M. 1947, 4-4-401(1)(b); amd. Sec. 13, I.M. No. 81, app. Nov. 7, 1978.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 1. Beer and Wine Licenses › 16-4-108. Table wine distributor's license

16-4-108. (Temporary) Table wine distributor's license.
(1) Any person desiring to sell and distribute table wine or sacramental wine at wholesale to retailers under the provisions of this code shall apply to the department of revenue for a license to do so and shall submit with the application the annual license fee of $400. The department may issue licenses to qualified applicants in accordance with the provisions of this code.
(2) All table wine distributors' licenses issued in any year expire on June 30 of that year at midnight.
(3) A license fee may not be imposed upon table wine distributors by a municipality or any other political subdivision of the state.
(4) The license must be at all times prominently displayed in the place of business of the table wine distributor.
(5) An applicant must have a fixed place of business, sufficient capital, the facilities, storehouse, and receiving house or warehouse for the receiving, storage, handling, and moving of table wine in large and jobbing quantities for distribution and sale in original packages to other licensed table wine distributors or licensed retailers. Each table wine distributor is entitled to only one wholesale table wine license, which must be issued for the distributor's principal place of business in Montana. A duplicate license may be issued for one subwarehouse only in Montana for each table wine distributor's license. The duplicate license must at all times be prominently displayed at the subwarehouse. A table wine distributor may also hold a license to sell beer at wholesale but may not hold or have any interest, direct or indirect, in any license to sell beer, table wine, or liquor at retail.
(6) If the applicant is a foreign corporation, the corporation must be authorized to do business in Montana.
(7) As used in subsection (1), "distribute" has the meaning provided in 16-3-218. (Repealed effective July 1, 2024--sec. 5, Ch. 138, L. 2023, sec. 8, Ch. 138, L. 2023.)
History: En. Sec. 4, I.M. No. 81, app. Nov. 7, 1978; amd. Sec. 3, Ch. 699, L. 1979; amd. Sec. 2, Ch. 359, L. 1981; amd. Sec. 7, Ch. 61, L. 1987; amd. Sec. 23, Ch. 68, L. 1987; amd. Sec. 199, Ch. 56, L. 2009; amd. Sec. 5, Ch. 115, L. 2013.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 1. Beer and Wine Licenses › 16-4-110. Beer license for tribal alcoholic beverages licensee or enlisted personnel, noncommissioned officers', or officers' club

16-4-110. (Temporary) Beer license for tribal alcoholic beverages licensee or enlisted personnel, noncommissioned officers', or officers' club.
(1) Upon application and qualification, the department shall issue a license to sell beer for consumption on the premises 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 16-4-105.
(3) Upon application and approval by the department, a license issued under subsection (1)(a) may be transferred to another qualified applicant, but 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 licenses to sell beer at retail for on-premises consumption.
(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.
16-4-110. (Effective July 1, 2024) Beer and wine license for tribal alcoholic beverages licensee or enlisted personnel, noncommissioned officers', or officers' club.
(1) On application and qualification, the department shall issue a license to sell beer and wine for consumption on the premises 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 16-4-105.
(3) On application and approval by the department, a license issued under subsection (1)(a) may be transferred to another qualified applicant, but 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 licenses to sell beer and wine at retail for on-premises consumption.
(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. 1, Ch. 731, L. 1985; amd. Sec. 200, Ch. 56, L. 2009; amd. Sec. 11, Ch. 194, L. 2021; amd. Sec. 3, Ch. 60, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 1. Beer and Wine Licenses › 16-4-112. Catering endorsement -- university or college sporting events -- revenue sharing

16-4-112. Catering endorsement -- university or college sporting events -- revenue sharing.
(1) A Montana university may contract with a licensed entity with a catering endorsement under 16-4-111 to serve beer and wine or under 16-4-204 to serve liquor, beer, and wine at a sporting event held by the Montana university.
(2) The licensee may contract with the Montana university relating to the revenue sharing as permitted in 16-4-111 and 16-4-204.
(3) For the purposes of this section, the term "Montana university" means:
(a) a unit of the Montana university system as defined in 20-25-201; or
(b) any other postsecondary institution in the state.
History: En. Sec. 1, Ch. 395, L. 2021.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 1. Beer and Wine Licenses › 16-4-113. Combined beer wholesaler and table wine distributor license

16-4-113. (Effective July 1, 2024) Combined beer wholesaler and table wine distributor license.
(1) A person desiring to sell and distribute beer, table wine, or sacramental wine at wholesale to licensed retailers or table wine to agency liquor stores under the provisions of this code shall apply to the department for a license to do so and shall submit with the application the initial license fee provided in 16-4-501. The department may issue licenses to qualified applicants in accordance with the provisions of this code.
(2) Combined beer wholesaler and table wine distributor licenses issued in any year expire on June 30 of that year at midnight.
(3) A license fee may not be imposed on combined beer wholesaler and table wine distributor licensees by a municipality or any other political subdivision of the state.
(4) The license must at all times be prominently displayed in the combined beer wholesaler and table wine distributor's licensed premises.
(5) (a) An applicant must have:
(i) a fixed place of business;
(ii) sufficient capital; and
(iii) the facilities, storehouse, and receiving house or warehouse for the receiving, storage, handling, and moving of beer, table wine, or sacramental wine in large and jobbing quantities for distribution and sale in original packages to other licensed distributors, licensed retailers, or agency liquor stores.
(b) Each combined beer wholesaler and table wine distributor licensee is entitled to only one license, which must be issued for the licensee's licensed premises in Montana. A subwarehouse license may be issued for each subwarehouse operated by the licensee. The license must at all times be prominently displayed at the subwarehouse.
(6) For the purposes of this code, a holder of a combined beer wholesaler and table wine distributor license is a "beer wholesaler" and a "table wine distributor" as defined at 16-1-106.
History: En. Sec. 1, Ch. 138, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 1. Beer and Wine Licenses › 16-4-115. Beer and wine licenses for off-premises consumption

16-4-115. Beer and wine licenses for off-premises consumption.
(1) A retail license to sell beer or table wine, or both, in the original packages for off-premises consumption may be issued only to individuals or entities qualified for licensure under 16-4-401. If the premises proposed for licensing are operated in conjunction with another business, that business must be a grocery store or drugstore licensed as a pharmacy. The number of licenses that the department may issue is not limited by the provisions of 16-4-105 but must be determined by the department in the exercise of its sound discretion, and the department may in the exercise of its sound discretion grant or deny an application for any license or suspend or revoke any license for cause.
(2) On receipt of a completed application for a license under this section, accompanied by the necessary license fee as provided in 16-4-501, the department shall request that the department of justice make a background investigation of all matters relating to the application.
(3) Based on the results of the investigation or in exercising its sound discretion as provided in subsection (1), the department shall determine whether:
(a) the applicant is qualified 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 met and complied with.
(4) License applications submitted under this section are not subject to the provisions of 16-4-203 and 16-4-207.
(5) A license issued under this section may offer curbside pickup between 8 a.m. and 2 a.m. in original packaging.
History: En. Sec. 1, Ch. 228, L. 1995; amd. Sec. 2, Ch. 528, L. 1997; amd. Sec. 1, Ch. 54, L. 1999; amd. Sec. 1, Ch. 375, L. 2013; amd. Sec. 1, Ch. 64, L. 2021; amd. Sec. 12, Ch. 194, L. 2021; amd. Sec. 4, Ch. 97, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 2. All-Beverages Licenses › 16-4-202. Repealed

16-4-202. Repealed.
Sec. 12, Ch. 336, L. 2019.
History: En. 4-4-204 by Sec. 81, Ch. 387, L. 1975; R.C.M. 1947, 4-4-204(part); amd. Sec. 2, Ch. 583, L. 1979; amd. Sec. 25, Ch. 68, L. 1987; amd. Sec. 1, Ch. 371, L. 1997; amd. Sec. 2, Ch. 487, L. 1997; amd. Sec. 40, Ch. 51, L. 1999; amd. Sec. 1, Ch. 325, L. 1999.