reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 2. Liquor Stores › Part 1. Operation of Stores › 16-2-111. Seven-day credit limitation

16-2-111. Seven-day credit limitation.
(1) A sale or delivery of liquor or table wine may not be made to a retail licensee from an agency liquor store unless cash is paid within 7 days after the delivery of the liquor or table wine.
(2) An agency liquor store may not extend more than 7 days' credit for the sold or delivered liquor or table wine to a retail licensee, and a retail licensee may not accept or receive delivery of the liquor or table wine without agreement to pay in cash for the liquor or table wine within 7 days after the delivery.
(3) A correctly dated check that is honored on presentation is considered cash for the purposes of this section.
(4) Any extension or acceptance of credit in violation of this section is considered rendering or receiving of financial assistance. The licenses of any retail licensees that violate this section must be suspended or revoked, and the franchise agreement of any agency liquor store involved in a violation of this section must be terminated, as determined by the department in its discretion.
History: En. Sec. 2, Ch. 635, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 2. Liquor Stores › Part 2. Price of Liquor › 16-2-201. Reduction for quantity sales of liquor

16-2-201. Reduction for quantity sales of liquor.
A reduction of 8% of the posted price of liquor sold at an agency liquor store must be made for sales of liquor to a licensee purchasing liquor in unbroken case lots. This reduction is limited to liquor designated by the department as regular product as defined by administrative rule. No other reduction below the posted price may be made for sales of liquor.
History: En. Sec. 1, Ch. 185, L. 1943; amd. Sec. 1, Ch. 334, L. 1975; Sec. 4-117, R.C.M. 1947; amd. and redes. 4-2-201 by Sec. 9, Ch. 387, L. 1975; R.C.M. 1947, 4-2-201; amd. Sec. 26, Ch. 530, L. 1995; amd. Sec. 1, Ch. 12, L. 2013; amd. Sec. 2, Ch. 622, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 2. Liquor Stores › Part 2. Price of Liquor › 16-2-202. Repealed

16-2-202. Repealed.
Sec. 3, Ch. 690, L. 1985.
History: En. 4-114.1 by Sec. 1, Ch. 359, L. 1974; Sec. 4-114.1, R.C.M. 1947; redes. 4-2-202 by Sec. 120, Ch. 387, L. 1975; R.C.M. 1947, 4-2-202.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 2. Liquor Stores › Part 2. Price of Liquor › 16-2-203. Sales to licensees

16-2-203. Sales to licensees.
Agency liquor stores may sell to licensees licensed under this code all kinds of liquor at the posted price. All sales must be paid for at the time of sale or made as provided in 16-2-111.
History: En. Sec. 14, Ch. 84, L. 1937; Sec. 4-416, R.C.M. 1947; amd. and redes. 4-2-204 by Sec. 93, Ch. 387, L. 1975; amd. Sec. 3, Ch. 496, L. 1977; R.C.M. 1947, 4-2-204(part); amd. Sec. 10, I.M. No. 81, app. Nov. 7, 1978; amd. Sec. 15, Ch. 68, L. 1987; amd. Sec. 11, Ch. 19, L. 2011; amd. Sec. 1, Ch. 28, L. 2011; amd. Sec. 5, Ch. 61, L. 2023; amd. Sec. 6, Ch. 635, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 2. Liquor Stores › Part 2. Price of Liquor › 16-2-211. State liquor markup reduction -- Montana-produced ingredients

16-2-211. State liquor markup reduction -- Montana-produced ingredients.
(1) Based upon the percentage of Montana-produced ingredients that are used in producing a liquor, the department shall reduce the liquor markup charged by the department in determining the wholesale price of the liquor. To qualify for a reduced markup, the liquor must have been manufactured, distilled, rectified, bottled, or processed by a distillery that produces 25,000 proof gallons or less of liquor nationwide annually. The reduction in the markup must be determined as follows:
Percent of Montana-Produced
Reduction in
Ingredients
Markup
50% to 64%
50%
65% to 74%
75%
75% to 100%
100%
(2) For the purposes of this section, the liquor markup is the standard markup added to the department's base case price used in determining the wholesale price of liquor for products other than fortified wine or sacramental wine and does not include the reduced markup that results from the department's reduced prices for products designated for closeout or inventory reduction. The reduced markup must be applied to the standard liquor markup minus associated agency liquor store commissions and discount rate costs pursuant to 16-2-101 and costs of operating the central liquor warehouse and must be determined by the department on a yearly basis.
(3) (a) The percent of Montana-produced ingredients is determined as a percentage of the total applicable dry and wet weights of all the fermentable and flavor ingredients used in the production of the liquor as provided by rule adopted by the department.
(b) For the purposes of this section, a Montana-produced ingredient is an agricultural product, either processed or unprocessed, that in its unprocessed state was grown in Montana or, if it is a processed ingredient, that was processed in Montana from unprocessed agricultural products that were grown in Montana. Water is not an ingredient.
History: En. Sec. 1, Ch. 345, L. 2011.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 2. Liquor Stores › Part 3. Sale of Table Wine › 16-2-301. Retail selling price on table wine

16-2-301. Retail selling price on table wine.
The retail selling price at which table wine is sold at an agency liquor store is as determined by the agent.
History: En. Sec. 9, Ch. 699, L. 1979; amd. Sec. 1, Ch. 629, L. 1987; amd. Sec. 27, Ch. 530, L. 1995; amd. Sec. 3, Ch. 399, L. 1997; amd. Sec. 9, Ch. 76, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 2. Liquor Stores › Part 3. Sale of Table Wine › 16-2-302. Repealed

16-2-302. Repealed.
Sec. 41, Ch. 530, L. 1995.
History: En. Sec. 10, Ch. 699, L. 1979; amd. Sec. 16, Ch. 68, L. 1987; amd. Sec. 2, Ch. 629, L. 1987.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 2. Liquor Stores › Part 3. Sale of Table Wine › 16-2-303. Repealed

16-2-303. Repealed.
Sec. 41, Ch. 530, L. 1995.
History: En. Sec. 11, Ch. 699, L. 1979.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 2. Liquor Stores › Part 4. Conversion of Liquor Stores (Repealed) › 16-2-401. Repealed

16-2-401. Repealed.
Sec. 315, Ch. 42, L. 1997.
History: En. Sec. 1, Ch. 530, L. 1995.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 2. Liquor Stores › Part 4. Conversion of Liquor Stores (Repealed) › 16-2-402. Repealed

16-2-402. Repealed.
Sec. 315, Ch. 42, L. 1997.
History: En. Sec. 2, Ch. 530, L. 1995.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 2. Liquor Stores › Part 4. Conversion of Liquor Stores (Repealed) › 16-2-403. Repealed

16-2-403. Repealed.
Sec. 315, Ch. 42, L. 1997.
History: En. Sec. 3, Ch. 530, L. 1995.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 2. Liquor Stores › Part 4. Conversion of Liquor Stores (Repealed) › 16-2-404. Repealed

16-2-404. Repealed.
Sec. 315, Ch. 42, L. 1997.
History: En. Sec. 4, Ch. 530, L. 1995.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 2. Liquor Stores › Part 4. Conversion of Liquor Stores (Repealed) › 16-2-405. Repealed

16-2-405. Repealed.
Sec. 315, Ch. 42, L. 1997.
History: En. Sec. 5, Ch. 530, L. 1995.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 2. Liquor Stores › Part 4. Conversion of Liquor Stores (Repealed) › 16-2-406. Repealed

16-2-406. Repealed.
Sec. 315, Ch. 42, L. 1997.
History: En. Sec. 6, Ch. 530, L. 1995.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 2. Liquor Stores › Part 4. Conversion of Liquor Stores (Repealed) › 16-2-407. Repealed

16-2-407. Repealed.
Secs. 315(2), 316(2), Ch. 42, L. 1997.
History: En. Sec. 7, Ch. 530, L. 1995.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 2. Liquor Stores › Part 4. Conversion of Liquor Stores (Repealed) › 16-2-408. Repealed

16-2-408. Repealed.
Sec. 315, Ch. 42, L. 1997.
History: En. Sec. 8, Ch. 530, L. 1995.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 1. Official Controls › 16-3-101. Alcoholic beverage transactions -- only in accordance with code

16-3-101. Alcoholic beverage transactions -- only in accordance with code.
(1) A person who manufactures, imports, distributes, wholesales, or sells alcoholic beverages or the person's agent may not give or sell to any person within the state any alcoholic beverage except as may be permitted by and in accordance with the provisions of this code.
(2) (a) Except as otherwise provided by this code, a person or the person's agent may not ship, transport, or consign or cause to be shipped, transported, or consigned:
(i) any alcoholic beverage to any person in this state; or
(ii) any liquor except to the state liquor warehouse.
(b) The prohibition in subsection (2)(a) includes alcoholic beverages ordered or purchased by telephone, computer, or other device.
History: En. Sec. 46, Ch. 105, L. 1933; re-en. Sec. 2815.105, R.C.M. 1935; Sec. 4-151, R.C.M. 1947; redes. 4-3-101 by Sec. 120, Ch. 387, L. 1975; R.C.M. 1947, 4-3-101; amd. Sec. 2, Ch. 19, L. 1985; amd. Sec. 17, Ch. 68, L. 1987; amd. Sec. 3, Ch. 543, L. 2001; amd. Sec. 1, Ch. 591, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 1. Official Controls › 16-3-102. Repealed

16-3-102. Repealed.
Sec. 4, Ch. 47, L. 1983.
History: En. Sec. 53, Ch. 105, L. 1933; re-en. Sec. 2815.112, R.C.M. 1935; Sec. 4-158, R.C.M. 1947; amd. and redes. 4-3-102 by Sec. 21, Ch. 387, L. 1975; R.C.M. 1947, 4-3-102; amd. Sec. 11, I.M. No. 81, app. Nov. 7, 1978.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 1. Official Controls › 16-3-103. Unlawful sales solicitation or advertising -- exceptions

16-3-103. Unlawful sales solicitation or advertising -- exceptions.
(1) A person within the state may not:
(a) canvass for, receive, take, or solicit orders for the purchase or sale of any liquor or act as agent or intermediary for the sale or purchase of any liquor or be represented as an agent or intermediary unless permitted to do so under rules that are promulgated by the department to govern the activities;
(b) canvass for or solicit orders for the purchase or sale of any beer except in the case of beer proposed to be sold to beer licensees duly authorized to sell beer under the provisions of this code;
(c) exhibit, publish, or display or permit to be exhibited, published, or displayed any form of advertisement or any other announcement, publication, or price list of or concerning liquor or where or from whom the same may be had, obtained, or purchased unless permitted to do so by the rules of the department and then only in accordance with the rules.
(2) This section does not apply to:
(a) the department, any act of the department, any agency liquor store;
(b) the sale and serving of beer and table wine in the grandstand and bleacher area of a county fairground or public sports arena under a special permit issued pursuant to 16-4-301 or a catering endorsement issued pursuant to 16-4-111 or 16-4-204; or
(c) the sale of alcohol at a sporting event conducted at a Montana university as provided in 16-4-112.
History: En. Sec. 65, Ch. 105, L. 1933; re-en. Sec. 2815.124, R.C.M. 1935; amd. Sec. 1, Ch. 140, L. 1974; amd. Sec. 1, Ch. 274, L. 1975; Sec. 4-170, R.C.M. 1947; redes. 4-3-103 by Sec. 120, Ch. 387, L. 1975; R.C.M. 1947, 4-3-103; amd. Sec. 1, Ch. 134, L. 1985; amd. Sec. 1, Ch. 180, L. 1987; amd. Sec. 3, Ch. 599, L. 1993; amd. Sec. 28, Ch. 530, L. 1995; amd. Sec. 2, Ch. 395, L. 2021; amd. Sec. 2, Ch. 591, L. 2023; amd. Sec. 1, Ch. 645, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 1. Official Controls › 16-3-104. Common carriers to purchase beer from brewer, beer importer, or wholesaler

16-3-104. Common carriers to purchase beer from brewer, beer importer, or wholesaler.
The operator of any common carrier or its employees may not sell or dispose of any beer except beer that has been lawfully acquired or purchased from a licensed brewer, beer importer, or wholesaler.
History: En. Sec. 37, Ch. 106, L. 1933; re-en. Sec. 2815.41, R.C.M. 1935; Sec. 4-338, R.C.M. 1947; amd. and redes. 4-3-104 by Sec. 67, Ch. 387, L. 1975; R.C.M. 1947, 4-3-104; amd. Sec. 3, Ch. 19, L. 1985; amd. Sec. 3, Ch. 591, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 1. Official Controls › 16-3-105. Restrictions on alcoholic beverages in hotels

16-3-105. Restrictions on alcoholic beverages in hotels.
Except in the case of alcoholic beverages kept or consumed in premises for which a license has been granted under the law and that form a part of a hotel, a person may not:
(1) keep or consume alcoholic beverages in any part of a hotel other than a private guest room;
(2) keep or have any alcoholic beverage in any room in a hotel unless the person is a bona fide guest of the hotel and is registered in the office of the hotel as an occupant of that room.
History: En. Sec. 64, Ch. 105, L. 1933; re-en. Sec. 2815.123, R.C.M. 1935; amd. Sec. 1, Ch. 152, L. 1974; Sec. 4-169, R.C.M. 1947; redes. 4-3-105 by Sec. 120, Ch. 387, L. 1975; R.C.M. 1947, 4-3-105; amd. Sec. 18, Ch. 68, L. 1987; amd. Sec. 188, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 1. Official Controls › 16-3-106. Conveyance of alcoholic beverages -- opening alcoholic beverages during transit forbidden

16-3-106. Conveyance of alcoholic beverages -- opening alcoholic beverages during transit forbidden.
(1) It is lawful to carry or convey alcoholic beverages to any place to which the alcoholic beverages may be lawfully delivered under this code and the rules of the department.
(2) It is unlawful to:
(a) open, break, or allow to be opened or broken any package or vessel containing an alcoholic beverage; or
(b) drink or use or allow to be drunk or used any alcoholic beverage while it is being carried or conveyed.
History: En. Sec. 17, Ch. 105, L. 1933; re-en. Sec. 2815.76, R.C.M. 1935; Sec. 4-122, R.C.M. 1947; amd. and redes. 4-2-103 by Sec. 12, Ch. 387, L. 1975; R.C.M. 1947, 4-2-103; amd. Sec. 19, Ch. 68, L. 1987; amd. Sec. 29, Ch. 530, L. 1995; amd. Sec. 4, Ch. 591, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 1. Official Controls › 16-3-107. Resident representatives required

16-3-107. Resident representatives required.
(1) For the purposes of this section, "vendor" means an individual or a partnership, association, or corporation that sells liquor to the department.
(2) A vendor who desires to promote the sale of the vendor's product in the state shall employ at least one representative and, except as provided in subsection (3), may employ four additional representatives to promote the sale of the vendor's product. A representative employed under this section must be a resident of the state or become a resident after employment. A representative may not be under the age of 21. The department may determine further registration requirements by rule.
(3) A vendor may employ an unlimited number of representatives if the representative is a direct employee, an owner, or an officer of the distillery and is not employed through an independent contractor.
History: En. Sec. 1, Ch. 293, L. 1987; amd. Sec. 1, Ch. 372, L. 2003; amd. Sec. 1, Ch. 264, L. 2015.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers › 16-3-201. Possession, manufacture, importation, or disposal of beer in manner other than prescribed unlawful -- personal brewing

16-3-201. Possession, manufacture, importation, or disposal of beer in manner other than prescribed unlawful -- personal brewing.
(1) It is unlawful to manufacture, import, sell or dispose of, or possess for the purpose of sale beer of any kind or character of an alcoholic content greater than authorized or other than in the manner permitted by this code.
(2) This code does not prohibit the manufacture of beer, for personal or family use and not intended for sale, that meets the exemptions of 26 U.S.C. 5053(e) and regulations implementing that section, including the brewing of beer, for personal or family use, on premises other than those of the person brewing the beer.
History: En. Sec. 5, Ch. 106, L. 1933; re-en. Sec. 2815.14, R.C.M. 1935; Sec. 4-309, R.C.M. 1947; amd. and redes. 4-3-201 by Sec. 49, Ch. 387, L. 1975; R.C.M. 1947, 4-3-201; amd. Sec. 4, Ch. 19, L. 1985; amd. Sec. 2, Ch. 546, L. 1997.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers › 16-3-202. Beer sale by department prohibited

16-3-202. Beer sale by department prohibited.
The sale of beer by the department is hereby prohibited.
History: En. Sec. 4, Ch. 106, L. 1933; re-en. Sec. 2815.13, R.C.M. 1935; amd. Sec. 1, Ch. 89, L. 1937; amd. Sec. 1, Ch. 186, L. 1947; Sec. 4-308, R.C.M. 1947; amd. and redes. 4-3-202 by Sec. 48, Ch. 387, L. 1975; R.C.M. 1947, 4-3-202.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers › 16-3-211. Monthly report of brewer, beer importer, or retailer -- inspection of books and premises

16-3-211. (Temporary) Monthly report of brewer, beer importer, or retailer -- inspection of books and premises.
(1) Every brewer and every beer importer licensed to do business in this state shall, on or before the 15th day of each month, as prescribed by the department, make an exact return to the department of the amount of beer manufactured or imported by the brewer or importer, the amount sold by the brewer or importer in the previous month, and the inventory of the brewer or importer. The department may make an examination of any brewer's or beer importer's books and of the brewer's or importer's premises and otherwise check the accuracy of any return or check the alcoholic content of beer manufactured or imported by the brewer or importer.
(2) Every retailer licensed to do business in this state shall, on or before the 15th day of each month, as prescribed by the department, make an exact return to the department of the amount of beer purchased in the previous month directly from any brewery not located in the state of Montana.
16-3-211. (Effective July 1, 2024) Monthly report of brewer, beer importer, or retailer -- inspection of books and premises.
(1) Every brewer and every beer importer licensed or registered to do business in this state shall, on or before the 15th day of each month, as prescribed by the department, make an exact return to the department of the amount of beer manufactured or imported by the brewer or importer, the amount sold by the brewer or importer in the previous month, and the inventory of the brewer or importer. The department may make an examination of any brewer's or beer importer's books and of the brewer's or importer's premises and otherwise check the accuracy of any return or check the alcoholic content of beer manufactured or imported by the brewer or importer.
(2) Every retailer licensed to do business in this state shall, on or before the 15th day of each month, as prescribed by the department, make an exact return to the department of the amount of beer purchased in the previous month directly from any brewery not located in the state of Montana.
History: En. Sec. 7, Ch. 106, L. 1933; re-en. Sec. 2815.16, R.C.M. 1935; Sec. 4-311, R.C.M. 1947; amd. and redes. 4-3-203 by Sec. 51, Ch. 387, L. 1975; R.C.M. 1947, 4-3-203; amd. Sec. 5, Ch. 19, L. 1985; amd. Sec. 1, Ch. 516, L. 2007; amd. Sec. 1, Ch. 749, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers › 16-3-212. Brewers' or beer importers' sales to wholesalers lawful

16-3-212. (Temporary) Brewers' or beer importers' sales to wholesalers lawful.
A licensed brewer may sell or deliver beer manufactured by the brewer to any licensed wholesaler. A licensed beer importer may sell or deliver beer imported by the importer to any licensed wholesaler.
16-3-212. (Effective July 1, 2024) Brewers' or beer importers' sales to wholesalers lawful.
A licensed or registered brewer may sell or deliver beer manufactured by the brewer to any licensed wholesaler. A licensed or registered beer importer may sell or deliver beer imported by the importer to any licensed wholesaler.
History: En. Sec. 9, Ch. 106, L. 1933; amd. Sec. 3, Ch. 46, Ex. L. 1933; re-en. Sec. 2815.18, R.C.M. 1935; Sec. 4-313, R.C.M. 1947; amd. and redes. 4-3-204 by Sec. 52, Ch. 387, L. 1975; R.C.M. 1947, 4-3-204; amd. Sec. 6, Ch. 19, L. 1985; amd. Sec. 189, Ch. 56, L. 2009; amd. Sec. 2, Ch. 749, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers › 16-3-217. Purposes

16-3-217. Purposes.
The legislature finds and declares that the purposes of 16-3-218 through 16-3-226 are to assure continued interbrand competition in malt beverage sales through competing independent wholesalers and to assure breweries the ability to protect the reputations of their products through quality control arrangements.
History: En. Sec. 1, Ch. 61, L. 1987.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers › 16-3-218. "Distribute" defined

16-3-218. (Temporary) "Distribute" defined.
As used in 16-3-219, 16-3-220, 16-4-103, and 16-4-108, "distribute" means to deliver beer or wine to a retailer's premises licensed to sell beer, table wine, or sacramental wine as well as an alternate alcoholic beverage storage facility as allowed in 16-4-213(8).
16-3-218. (Effective July 1, 2024) "Distribute" defined.
As used in 16-3-219 and 16-3-220, "distribute" means to deliver table wine to an agency liquor store or to deliver beer or table wine to a retailer's premises licensed to sell beer, table wine, or sacramental wine as well as an alternate alcoholic beverage storage facility as allowed in 16-4-213(8).
History: En. Sec. 3, Ch. 61, L. 1987; amd. Sec. 3, Ch. 115, L. 2013; amd. Sec. 1, Ch. 568, L. 2021; amd. Sec. 3, Ch. 138, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers › 16-3-219. Dock sales restricted -- exceptions

16-3-219. Dock sales restricted -- exceptions.
(1) Except as provided in subsections (2) through (4), beer may not be delivered to a licensed retailer at any location other than the retailer's licensed premises.
(2) An all-beverages licensee may personally or through an employee obtain from any wholesaler's warehouse any quantity of beer as the all-beverages licensee and wholesaler may agree to buy and sell.
(3) Retailers other than an all-beverages licensee may personally or through an employee obtain from the wholesaler's warehouse any quantity of beer that the retailer and wholesaler may agree to buy and sell only within the territory of the wholesaler in which the retailer is located.
(4) When a beer wholesaler's trucks and equipment are incapable of delivering beer 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 beer wholesaler 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 beer wholesaler 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 beer wholesaler or retail licensee to administrative action.
History: En. Sec. 4, Ch. 61, L. 1987; amd. Sec. 1, Ch. 501, L. 2007; amd. Sec. 6, Ch. 194, L. 2021.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers › 16-3-220. Wholesalers' service obligations -- applicability

16-3-220. Wholesalers' service obligations -- applicability.
(1) A wholesaler appointed to distribute a brand of beer within a territory specified by agreement pursuant to 16-3-222 shall call on and offer that brand to at least 75% of the retailers within that territory at least every 3 weeks. However, if the brand of beer for which the wholesaler is appointed is a product of a brewer or beer importer whose products are not generally available, the wholesaler shall, at least every 3 weeks, call on and offer that brand to as many retailers within that territory as is reasonably possible given the amount of that brand that is available to the wholesaler.
(2) If a retailer's account with a wholesaler is current as required under 16-3-243, the wholesaler may not refuse to sell the retailer any generally available brand of beer for which the wholesaler has been appointed for the territory in which the retailer is located. The wholesaler shall offer to deliver the beer to the retailer at least every 3 weeks.
(3) For the purposes of this section, a brewer or beer importer's products are not generally available if:
(a) all of the brands of a brewer or beer importer shipped to a wholesaler during the most recent calendar quarter total less than 600 barrels;
(b) all of the brands of a brewer or beer importer shipped into the state total less than 1,200 barrels in each of the 2 consecutive preceding calendar quarters; and
(c) all of the brands produced by the brewer at all of its facilities total less than 150,000 barrels per year.
(4) This section applies to all beer distribution agreements entered into, assigned, or amended after July 1, 1986. It does not apply to a distribution agreement for a named brand entered into before July 1, 1986, but does not prohibit a brewer who is a party to an agreement from requiring the appointed wholesaler to fulfill similar service obligations in the territory.
History: En. Sec. 5, Ch. 61, L. 1987; amd. Sec. 1, Ch. 139, L. 1995; amd. Sec. 91, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers › 16-3-223. Transfer of wholesaler's interest in business

16-3-223. Transfer of wholesaler's interest in business.
A wholesaler may sell or transfer the business or an interest in the business to any person or to one or more members of the wholesaler's family or heirs or legatees, whether the wholesaler operates as an individual, a partnership, or corporation. However, the consent of the brewer or beer importer in writing is required for the transferee to continue as a wholesaler of the brewer or beer importer. The consent must consider the personal, financial, and managerial responsibilities and capabilities of the transferee, and the consent may not unreasonably be withheld.
History: En. 4-317.4 by Sec. 3, Ch. 322, L. 1974; Sec. 4-317.4, R.C.M. 1947; redes. 4-3-209 by Sec. 120, Ch. 387, L. 1975; R.C.M. 1947, 4-3-209; amd. Sec. 10, Ch. 19, L. 1985; amd. Sec. 190, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers › 16-3-224. Contractual or franchise relationship -- existence by actions

16-3-224. Contractual or franchise relationship -- existence by actions.
The doing or accomplishing of any of the following acts constitutes prima facie evidence of a contractual or franchise relationship between a licensed wholesaler and a brewer or beer importer within the contemplation of 16-3-221 through 16-3-226:
(1) the shipment, preparation for shipment, or acceptance of any order by any brewer or beer importer or its agent for any beer to a licensed wholesaler within this state;
(2) the payment by any licensed wholesaler within this state or the acceptance of payment by any brewer or beer importer or its agent for the shipment of an order of beer intended for sale within this state.
History: En. 4-317.5 by Sec. 4, Ch. 322, L. 1974; Sec. 4-317.5, R.C.M. 1947; redes. 4-3-210 by Sec. 120, Ch. 387, L. 1975; R.C.M. 1947, 4-3-210; amd. Sec. 11, Ch. 19, L. 1985.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers › 16-3-225. Injunction to prevent franchise cancellation

16-3-225. Injunction to prevent franchise cancellation.
Any court of competent jurisdiction may enjoin the cancellation or termination of a franchise or agreement between a wholesaler and a brewer or between a wholesaler and a beer importer at the instance of a wholesaler who is or would be adversely affected by the cancellation or termination. In granting an injunction, the court shall provide that the brewer or beer importer shall not supply the customers or territory of the wholesaler who is servicing the territory or customers through other distributors or means while the injunction is in effect.
History: En. 4-317.6 by Sec. 5, Ch. 322, L. 1974; Sec. 4-317.6, R.C.M. 1947; redes. 4-3-211 by Sec. 120, Ch. 387, L. 1975; R.C.M. 1947, 4-3-211; amd. Sec. 12, Ch. 19, L. 1985.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers › 16-3-226. Brewer-wholesaler or beer importer-wholesaler agreements filed with department

16-3-226. Brewer-wholesaler or beer importer-wholesaler agreements filed with department.
Within 60 days after April 18, 2023, or within 60 days after entering into a new agreement, an exact copy of all agreements, contracts, or franchises between a brewer or beer importer and a wholesaler must be filed by the wholesaler with the department as a public document and must be available to any of the parties to a dispute. The department, upon the instigation of any action in a court of record, shall file an exact certified copy of the agreement with the court for the court's consideration in determining any matter before it. Any contracts, agreements, or franchises not on record with the department may not be considered by any court as having any force or effect. The wholesaler shall notify the brewer or beer importer of the filing of the agreement with the department.
History: En. 4-317.7 by Sec. 6, Ch. 322, L. 1974; Sec. 4-317.7, R.C.M. 1947; amd. and redes. 4-3-212 by Sec. 55, Ch. 387, L. 1975; R.C.M. 1947, 4-3-212; amd. Sec. 13, Ch. 19, L. 1985; amd. Sec. 1, Ch. 118, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers › 16-3-230. Beer required to be shipped to wholesaler

16-3-230. (Temporary) Beer required to be shipped to wholesaler.
Except as provided in 16-3-214 and 16-4-901, all beer that is to be distributed in Montana, whether manufactured outside of or within the state, must be consigned to and shipped, either directly or via a licensed storage depot, to a licensed wholesaler and unloaded into the wholesaler's warehouse or subwarehouse in Montana. A brewer or beer importer shall maintain records of all beer, including the name or kind received, on hand, and sold. The records may at any time be inspected by a representative of the department. The wholesaler shall distribute the beer from the warehouse or subwarehouse and shall keep records at the wholesaler's principal place of business of all beer, including the name or kind received, on hand, sold, and distributed. The records may be inspected by a representative of the department at any time.
16-3-230. (Effective July 1, 2024) Beer required to be shipped to wholesaler.
Except as provided in 16-3-214 and 16-4-901, all beer that is to be distributed in Montana must be sold and shipped to a licensed wholesaler and unloaded into the wholesaler's warehouse or subwarehouse in Montana. A brewer or beer importer shall maintain records of all beer, including the name or kind received, on hand, and sold. The records may at any time be inspected by a representative of the department. The wholesaler shall distribute the beer from the warehouse or subwarehouse and shall keep records at the wholesaler's licensed premises of all beer, including the name or kind received, on hand, sold, and distributed. The records may be inspected by a representative of the department at any time.
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. 2, Ch. 178, L. 1983; amd. Sec. 14, Ch. 19, L. 1985; amd. Sec. 1, Ch. 192, L. 1999; amd. Sec. 5, Ch. 591, L. 2023; amd. Sec. 4, Ch. 749, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers › 16-3-231. Monthly report of wholesaler

16-3-231. Monthly report of wholesaler.
Every wholesaler 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 an exact return to the department of the amount of beer manufactured in this state sold and delivered by the wholesaler and also of the amount of beer manufactured in places outside of the state sold and delivered by the wholesaler during the previous month and of the wholesaler's inventory. The department may at any time make an examination of the wholesaler's books and premises and otherwise check the accuracy of the return or check the alcoholic content of beer on hand.
History: En. Sec. 15, Ch. 106, L. 1933; re-en. Sec. 2815.24, R.C.M. 1935; Sec. 4-319, R.C.M. 1947; amd. and redes. 4-3-213 by Sec. 57, Ch. 387, L. 1975; R.C.M. 1947, 4-3-213; amd. Sec. 191, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers › 16-3-232. Beer sales by wholesaler

16-3-232. Beer sales by wholesaler.
A wholesaler may sell and deliver beer purchased or acquired by the wholesaler to a wholesaler, retailer, or common carrier licensed under this code.
History: En. Sec. 17, Ch. 106, L. 1933; amd. Sec. 6, Ch. 46, Ex. L. 1933; re-en. Sec. 2815.26, R.C.M. 1935; Sec. 4-321, R.C.M. 1947; amd. and redes. 4-3-214 by Sec. 59, Ch. 387, L. 1975; R.C.M. 1947, 4-3-214; amd. Sec. 192, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers › 16-3-233. Sales to public by wholesaler unlawful

16-3-233. Sales to public by wholesaler unlawful.
Except as provided in 16-3-316, a wholesaler may not give, sell, deliver, or distribute any beer purchased or acquired by the wholesaler to the public.
History: En. Sec. 18, Ch. 106, L. 1933; amd. Sec. 7, Ch. 46, Ex. L. 1933; re-en. Sec. 2815.27, R.C.M. 1935; amd. Sec. 1, Ch. 274, L. 1973; Sec. 4-322, R.C.M. 1947; redes. 4-3-215 by Sec. 120, Ch. 387, L. 1975; R.C.M. 1947, 4-3-215; amd. Sec. 193, Ch. 56, L. 2009; amd. Sec. 6, Ch. 591, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers › 16-3-234. Consumption of beer on wholesalers' premises unlawful

16-3-234. Consumption of beer on wholesalers' premises unlawful.
It shall be unlawful for any wholesaler to sell, serve, or give away any beer to be consumed on such wholesaler's premises.
History: En. Sec. 19, Ch. 106, L. 1933; re-en. Sec. 2815.28, R.C.M 1935; Sec. 4-323, R.C.M. 1947; redes. 4-3-216 by Sec. 120, Ch. 387, L. 1975; R.C.M. 1947, 4-3-216.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers › 16-3-235. Carriers' reports of beer transported

16-3-235. Carriers' reports of beer transported.
Every railroad and every motor carrier transporting beer manufactured out of this state from points without this state and delivering the same to points within this state shall, if requested by the department, on or before the 15th day of each month, make an exact return to the department of the amount of such beer so transported and delivered by such railroad or motor carrier during the previous month and shall state in such return the name and address of the consignor, the name and address of the 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. 4, Ch. 220, L. 1939; Sec. 4-326, R.C.M. 1947; amd. and redes. 4-3-218 by Sec. 61, Ch. 387, L. 1975; R.C.M. 1947, 4-3-218; amd. Sec. 1, Ch. 207, L. 1991.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers › 16-3-242. Financial interest in retailers prohibited

16-3-242. Financial interest in retailers prohibited.
(1) A brewer, beer importer, or wholesaler may not advance or loan money to or furnish money for or pay for or on behalf of any retailer any license or tax that may be required to be paid for any retailer. A brewer, beer importer, or wholesaler may not be financially interested, either directly or indirectly, in the conduct or operation of the business of a retailer. A brewer, beer importer, or wholesaler is considered to have a financial interest within the meaning of this section if:
(a) the brewer, beer importer, or wholesaler owns or holds any interest in or a lien or mortgage against the retailer or the retailer's premises;
(b) the brewer, beer importer, or wholesaler is under any contract with a retailer concerning future purchases or the sale of merchandise by one from or to the other; or
(c) any retailer holds an interest, as a stockholder or otherwise, in the business of the wholesaler.
(2) A licensed brewery holding complete ownership of a retail license pursuant to 16-4-401(9) is not subject to the limitations of this section for the licensed brewery's retail-licensed premises
History: En. 4-3-220 by Sec. 75, Ch. 387, L. 1975; R.C.M. 1947, 4-3-220; amd. Sec. 16, Ch. 19, L. 1985; amd. Sec. 194, Ch. 56, L. 2009; amd. Sec. 4, Ch. 601, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers › 16-3-243. Seven-day credit limitation

16-3-243. Seven-day credit limitation.
(1) A brewer, beer importer, or beer wholesaler may not sell or deliver beer unless a retail licensee pays within 7 days of the delivery and may not extend more than 7 days' credit for payment for the beer to the retail licensee.
(2) A retail licensee shall pay a brewer, beer importer, or beer wholesaler in full for beer within 7 days from the date of delivery and may not accept more than 7 days' credit from a brewer, beer importer, or beer wholesaler. Failure to pay in full within 7 days from the date of delivery is considered an impermissible acceptance of credit.
(3) Any extension or acceptance of credit in violation of this section is considered rendering or receiving of financial assistance. Brewers, beer importers, beer wholesalers, and retail licensees who violate this section are subject to the penalty provisions of 16-4-406.
History: En. 4-3-221 by Sec. 76, Ch. 387, L. 1975; R.C.M. 1947, 4-3-221; amd. Sec. 17, Ch. 19, L. 1985; amd. Sec. 7, Ch. 591, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers › 16-3-244. Beer advertising limitations

16-3-244. Beer advertising limitations.
(1) Except as provided in subsection (2), it is lawful to advertise beer, as defined and regulated, subject to the restrictions on brewers and beer importers contained in 16-3-241 and subject to the following restrictions on retailers. A retail licensee may not display or permit to be displayed on the exterior portion or surface of the retailer's place of business, whether any of the premises are owned or leased by the retailer, any sign, poster, or advertisement bearing the name, brand name, trade name, trademark, or other designation indicating the manufacturer, brewer, beer importer, wholesaler, or place of manufacture of any beer, unless it is on a marquee, board, or other space used for temporary advertisements and is not displayed for more than 10 days per display period.
(2) A licensed brewery holding complete ownership of a retail license pursuant to 16-4-401(9) is not subject to the restrictions in subsection (1) at any of the brewery's licensed premises for products manufactured by the licensed brewery.
History: En. Sec. 11, Ch. 166, L. 1951; Sec. 4-358, R.C.M. 1947; amd. and redes. 4-3-222 by Sec. 77, Ch. 387, L. 1975; R.C.M. 1947, 4-3-222; amd. Sec. 18, Ch. 19, L. 1985; amd. Sec. 1, Ch. 223, L. 1985; amd. Sec. 3, Ch. 197, L. 2009; amd. Sec. 1, Ch. 34, L. 2023; amd. Sec. 5, Ch. 601, 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 › 16-3-303. Sale of beer by retailer for consumption off premises

16-3-303. Sale of beer by retailer for consumption off premises.
It is lawful for an on-premises retailer to sell or furnish beer to the public in its original package, in prepared servings, or in growlers, and the beer must be taken away from the premises of the retailer for consumption off the premises of the retailer. Growlers may not be filled in advance of sale and may be furnished by the consumer.
History: En. Sec. 30, Ch. 106, L. 1933; amd. Sec. 10, Ch. 46, Ex. L. 1933; re-en. Sec. 2815.32, R.C.M. 1935; amd. Sec. 1, Ch. 177, L. 1961; Sec. 4-329, R.C.M. 1947; redes. 4-3-303 by Sec. 120, Ch. 387, L. 1975; R.C.M. 1947, 4-3-303; amd. Sec. 2, Ch. 77, L. 2011; amd. Sec. 7, Ch. 194, 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 › 16-3-304. Closing hours for licensed retail establishments

16-3-304. Closing hours for licensed retail establishments.
Except as provided in 16-3-305, all licensed establishments wherein alcoholic beverages are sold, offered for sale, or given away at retail shall be closed each day between 2 a.m. and 8 a.m.; provided, however, that when any municipal incorporation has by ordinance further restricted the hours of sale of alcoholic beverages, then the sale of alcoholic beverages is prohibited within the limits of any such city or town during the time such sale is prohibited by this code and in addition thereto during the hours that it is prohibited by such ordinance. During such hours all persons except the alcoholic beverage licensee and employees of such licensed establishment shall be excluded from the licensed premises.
History: En. Sec. 1, Ch. 161, L. 1943; amd. Sec. 1, Ch. 162, L. 1959; amd. Sec. 1, Ch. 242, L. 1973; Sec. 4-303, R.C.M. 1947; amd. and redes. 4-3-304 by Sec. 46, Ch. 387, L. 1975; R.C.M. 1947, 4-3-304; amd. Sec. 1, Ch. 347, L. 1985.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 3. Retail Sales Restrictions › 16-3-305. Sale of alcoholic beverages during closed hours unlawful -- lawful business need not be closed

16-3-305. Sale of alcoholic beverages during closed hours unlawful -- lawful business need not be closed.
During the hours when the licensed establishments where alcoholic beverages are sold at retail are required by this code to be closed, it shall be unlawful to sell, offer for sale, give away, consume, or allow the consumption of alcoholic beverages. When an establishment licensed to sell alcoholic beverages is operated in conjunction with a hotel, restaurant, bus depot, railway terminal, grocery store, pharmacy, or other lawful business other than that of the sale of alcoholic beverages, then such other lawful business need not be closed.
History: En. Sec. 3, Ch. 161, L. 1943; Sec. 4-304, R.C.M. 1947; amd. and redes. 4-3-305 by Sec. 47, Ch. 387, L. 1975; R.C.M. 1947, 4-3-305; amd. Sec. 2, Ch. 347, L. 1985.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 3. Control of Liquor, Beer, and Wine › Part 3. Retail Sales Restrictions › 16-3-306. Proximity to churches and schools restricted

16-3-306. Proximity to churches and schools restricted.
(1) Except as provided in subsections (2) through (4), a retail license may not be issued pursuant to this code to any business or enterprise whose premises are within 600 feet of and on the same street as a building used exclusively as a church, synagogue, or other place of worship or as a school other than a commercially operated or postsecondary school. This distance must be measured in a straight line from the center of the nearest entrance of the place of worship or school to the nearest entrance of the licensee's premises. This section is a limitation on the department's licensing authority.
(2) The department may renew a license, approve the transfer of ownership of a license, or allow the current licensee to apply for a new license type for any establishment located in violation of this section if the licensee does not relocate an entrance any closer than the existing entrances and if the establishment:
(a) was located on the site before the place of worship or school opened; or
(b) was located in a bona fide hotel, restaurant, or fraternal organization building at the site since January 1, 1937.
(3) Subsection (1) does not apply to licenses for the sale of beer, table wine, or both in the original package for off-premises consumption.
(4) Subsection (1) does not apply within the applicable jurisdiction of a local government that has supplanted the provisions of subsection (1) as provided in 16-3-309.
History: En. Sec. 13, Ch. 84, L. 1937; Sec. 4-415, R.C.M. 1947; amd. and redes. 4-4-107 by Sec. 92, Ch. 387, L. 1975; R.C.M. 1947, 4-4-107; amd. Sec. 1, Ch. 152, L. 1981; amd. Sec. 1, Ch. 662, L. 1983; amd. Sec. 196, Ch. 56, L. 2009; amd. Sec. 9, Ch. 591, L. 2023.