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 › 16-3-214. Beer sales by brewers -- sample room exception

16-3-214. (Temporary) Beer sales by brewers -- sample room exception.
(1) Subject to the limitations and restrictions contained in this code, a brewer who manufactures less than 60,000 barrels of beer a year, upon payment of the annual license fee imposed by 16-4-501 and upon presenting satisfactory evidence to the department as required by 16-4-101, must be licensed by the department, in accordance with the provisions of this code and rules prescribed by the department, to:
(a) sell and deliver beer from its storage depot or brewery to:
(i) a wholesaler;
(ii) licensed retailers if the brewer uses the brewer's own equipment, trucks, and employees to deliver the beer and if:
(A) individual deliveries, other than draught beer, are limited to the case equivalent of 8 barrels a day to each licensed retailer; and
(B) the total amount of beer sold or delivered directly to all retailers does not exceed 10,000 barrels a year; or
(iii) the public, including curbside pickup between 8 a.m. and 2 a.m. in original packaging or growlers;
(b) provide its own products for consumption on its licensed premises without charge or, if it is a small brewery, provide its own products or collaboration products at a sample room as provided in 16-3-213; or
(c) do any one or more of the acts of sale and delivery of beer as provided in this code.
(2) A brewery may not use a common carrier for delivery of the brewery's product to the public or to licensed retailers.
(3) A brewery may import or purchase, upon terms and conditions the department may require, necessary flavors and other nonbeverage ingredients containing alcohol for blending or manufacturing purposes.
(4) An additional license fee may not be imposed on a brewery providing its own products on its licensed premises for consumption on the premises.
(5) This section does not prohibit a licensed brewer from shipping and selling beer directly to a wholesaler in this state under the provisions of 16-3-230.
(6) For a licensed brewery holding complete ownership of a retail license pursuant to 16-4-401(9), beer that is manufactured and sold at the colocated premises does not count towards the 10,000-barrel self-distribution limit imposed by subsection (1)(a)(ii)(B). Beer manufactured and sold at the colocated premises does count toward production levels for tax purposes.
16-3-214. (Effective July 1, 2024) Beer sales by brewers -- sample room exception.
(1) Subject to the limitations and restrictions contained in this code, a brewer who manufactures less than 60,000 barrels of beer a year, upon payment of the annual license fee imposed by 16-4-501 and upon presenting satisfactory evidence to the department as required by 16-4-101, must be licensed by the department, in accordance with the provisions of this code and rules prescribed by the department, to:
(a) sell and deliver beer from its storage depot or brewery to:
(i) a wholesaler;
(ii) licensed retailers if the brewer uses the brewer's own equipment, trucks, and employees to deliver the beer and if:
(A) individual deliveries, other than draught beer, are limited to the case equivalent of 8 barrels a day to each licensed retailer; and
(B) the total amount of beer sold or delivered directly to all retailers does not exceed 10,000 barrels a year; or
(iii) the public, including curbside pickup between 8 a.m. and 2 a.m. in original packaging or growlers;
(b) provide its own products for consumption on its licensed premises without charge or, if it is a small brewery, provide its own products or collaboration products at a sample room as provided in 16-3-213; or
(c) do any one or more of the acts of sale and delivery of beer as provided in this code.
(2) A brewery may not use a common carrier for delivery of the brewery's product to the public or to licensed retailers.
(3) A brewery may import or purchase, upon terms and conditions the department may require, necessary flavors and other nonbeverage ingredients containing alcohol for blending or manufacturing purposes.
(4) An additional license fee may not be imposed on a brewery providing its own products on its licensed premises for consumption on the premises.
(5) This section does not prohibit a licensed or registered brewer from shipping and selling beer directly to a wholesaler in this state under the provisions of 16-3-230.
(6) For a licensed brewery holding complete ownership of a retail license pursuant to 16-4-401(9), beer that is manufactured and sold at the colocated premises does not count towards the 10,000-barrel self-distribution limit imposed by subsection (1)(a)(ii)(B). Beer manufactured and sold at the colocated premises does count toward production levels for tax purposes.
History: En. Sec. 13, Ch. 106, L. 1933; amd. Sec. 4, Ch. 46, Ex. L. 1933; re-en. Sec. 2815.22, R.C.M. 1935; amd. Sec. 4, Ch. 166, L. 1951; amd. Sec. 1, Ch. 135, L. 1959; amd. Sec. 1, Ch. 296, L. 1969; amd. Sec. 1, Ch. 421, L. 1971; Sec. 4-317, R.C.M. 1947; amd. and redes. 4-3-206 by Sec. 53, Ch. 387, L. 1975; R.C.M. 1947, 4-3-206; amd. Sec. 2, Ch. 149, L. 1985; amd. Sec. 1, Ch. 721, L. 1991; amd. Sec. 1, Ch. 122, L. 1993; amd. Sec. 2, Ch. 116, L. 1999; amd. Sec. 4, Ch. 543, L. 2001; amd. Sec. 2, Ch. 516, L. 2007; amd. Sec. 3, Ch. 277, L. 2011; amd. Sec. 5, Ch. 194, L. 2021; amd. Sec. 2, Ch. 443, L. 2023; amd. Sec. 2, Ch. 601, L. 2023; amd. Sec. 3, Ch. 749, L. 2023.