reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 2. Licensing › 50-50-202. Exemptions from license requirement

50-50-202. Exemptions from license requirement.
(1) A retail food establishment owned or operated by the state or a political subdivision of the state, if that political subdivision employs a full-time sanitarian, is exempt from licensure under this chapter but shall comply with the requirements of this chapter and rules adopted by the department under this chapter. A retail food establishment under this subsection may be operated by but is not limited to a county jail, a local government-owned health care facility, a school, a state prison, or a state university.
(2) A person who exchanges foods in a nonmonetary transaction is exempt from permitting, licensure, and registration.
History: En. Sec. 3, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-613(6); amd. Sec. 3, Ch. 199, L. 1987; amd. Sec. 3, Ch. 315, L. 1995; amd. Sec. 3, Ch. 528, L. 2003; amd. Sec. 2, Ch. 208, L. 2011; amd. Sec. 1, Ch. 89, L. 2013; amd. Sec. 1, Ch. 94, L. 2013; amd. Sec. 2, Ch. 185, L. 2015; amd. Sec. 15, Ch. 239, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 2. Licensing › 50-50-203. Application for license or permit

50-50-203. Application for license or permit.
(1) Except as provided in subsection (2), an application for a retail food establishment license must be:
(a) made to the department on forms and contain information required by the department; or
(b) filed using an application for a license that is in compliance with rules established by the board of review established in 30-16-302.
(2) An application for a temporary food establishment permit must be made to the local regulatory authority on a state-approved form. If a local board of review exists, the local board of review shall work with the state to provide a permit application under this subsection similar to the state-approved form, and the temporary food establishment may use the local board of review permit application.
History: En. Sec. 4, Ch. 17, L. 1967; amd. Sec. 1, Ch. 48, L. 1973; amd. Sec. 1, Ch. 508, L. 1975; R.C.M. 1947, 27-614(1); amd. Sec. 13, Ch. 366, L. 1997; amd. Sec. 16, Ch. 239, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 2. Licensing › 50-50-204. Right to license

50-50-204. Right to license.
Licenses shall be granted as a matter of right unless grounds for denial or cancellation exist.
History: En. Sec. 3, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-613(7).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 2. Licensing › 50-50-206. License not transferable

50-50-206. License not transferable.
Licenses are not transferable or applicable to any premises other than that for which the license was issued.
History: En. Sec. 3, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-613(5).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 2. Licensing › 50-50-207. Expiration date of license

50-50-207. Expiration date of license.
(1) Except as provided in subsection (2), licenses expire on December 31 following the date of issue unless canceled for cause.
(2) License renewals provided for in 16-11-122, 30-12-203(5)(a), 50-50-201, 80-7-106, and 82-15-105 expire on the anniversary date established by rule by the board of review established in 30-16-302.
History: En. Sec. 3, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-613(4); amd. Sec. 15, Ch. 366, L. 1997; amd. Sec. 3, Ch. 34, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 2. Licensing › 50-50-208. Local board to report number of licensees to department

50-50-208. Local board to report number of licensees to department.
Before June 1 of each year, the local board of health shall submit to the department a list of the licensed retail food establishments, excluding temporary food establishments, in each jurisdiction. The local board of health also shall submit to the department a list of cottage food operations that have registered as provided in 50-50-117.
History: En. Sec. 3, Ch. 17, L. 1967; amd. Sec. 1, Ch. 48, L. 1973; amd. Sec. 1, Ch. 508, L. 1975; R.C.M. 1947, 27-614(part); amd. Sec. 18, Ch. 239, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 2. Licensing › 50-50-209. Cancellation of license

50-50-209. Cancellation of license.
(1) Except as provided in subsection (2), the department may cancel the license of a retail food establishment if the department finds, after proper investigation, that the licensee has violated this chapter or a rule effective under this chapter and the licensee has failed or refused to remedy or correct the violation.
(2) A local regulatory authority may cancel a temporary food establishment permit if the local regulatory authority finds after proper investigation that the permitholder has:
(a) violated the provisions of this chapter or a rule promulgated under this chapter; and
(b) failed or refused to remedy or correct a violation that was the subject of the investigation.
History: En. Sec. 5, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; amd. Sec. 111, Ch. 349, L. 1974; amd. Sec. 2, Ch. 508, L. 1975; R.C.M. 1947, 27-615(part); amd. Sec. 19, Ch. 239, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 2. Licensing › 50-50-210. Submission of plan of correction as bar to cancellation

50-50-210. Submission of plan of correction as bar to cancellation.
Submission to the department of an acceptable plan of correction within 10 days after receipt from the department of written notice of violation and execution of an acceptable plan within the time prescribed in the written notice of approval of the plan by the department shall be a bar to prosecution for violation.
History: En. Sec. 5, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; amd. Sec. 111, Ch. 349, L. 1974; amd. Sec. 2, Ch. 508, L. 1975; R.C.M. 1947, 27-615(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 2. Licensing › 50-50-211. Notice and hearing required

50-50-211. Notice and hearing required.
(1) The department may not deny or cancel the license of a retail food establishment without delivering to the applicant or licensee a written statement of the grounds for cancellation or denial or the charge involved and an opportunity to answer at a hearing before the department to show cause, if any, why the license should not be denied or canceled. To request a hearing, the licensee shall make a written request to the department within 10 days after notice of the grounds or charges has been received.
(2) A local regulatory authority may not deny or cancel a temporary food establishment permit without delivering to the applicant or permitholder a written statement of the grounds for cancellation or denial or the charge involved and an opportunity to answer at a hearing before the local board of health to show cause, if any, why the permit should not be denied or canceled. To request a hearing, the permitholder shall make a written request to the local board of health within 10 days after notice of the grounds or charges has been received. This subsection does not prohibit the cancellation of a permit in the event of an immediate threat to the public health. The permitholder retains the right of appeal.
History: En. Sec. 5, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; amd. Sec. 111, Ch. 349, L. 1974; amd. Sec. 2, Ch. 508, L. 1975; R.C.M. 1947, 27-615(2); amd. Sec. 20, Ch. 239, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 2. Licensing › 50-50-212. Cancellation of license or permit for multiple-type establishment

50-50-212. Cancellation of license or permit for multiple-type establishment.
When a multiple-type retail food establishment is licensed by the department, the denial or cancellation of the license may affect the entire establishment or only a portion as determined by the department. A multiple-type retail food establishment, including a mobile food establishment, includes an establishment authorized by 50-50-201(2).
History: En. Sec. 5, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; amd. Sec. 111, Ch. 349, L. 1974; amd. Sec. 2, Ch. 508, L. 1975; R.C.M. 1947, 27-615(3); amd. Sec. 21, Ch. 239, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 2. Licensing › 50-50-213. Return of license or permit for alteration or destruction

50-50-213. Return of license or permit for alteration or destruction.
On cancellation of the license of a retail food establishment or the right to operate one or more of the multiple-type retail food establishments under the same license, the license certificate must be returned to the department for destruction or deletion of types of establishment as the department may direct in its notice of cancellation.
History: En. Sec. 5, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; amd. Sec. 111, Ch. 349, L. 1974; amd. Sec. 2, Ch. 508, L. 1975; R.C.M. 1947, 27-615(4); amd. Sec. 22, Ch. 239, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 2. Licensing › 50-50-214. Notification of and validation by local health officer

50-50-214. Notification of and validation by local health officer.
(1) (a) A retail food establishment license issued by the department under this chapter is not valid until signed by the local health officer in the county where the retail food establishment is located or until the license is otherwise validated by the local health officer and is in accordance with rules established by the board of review established in 30-16-302.
(b) The local health officer shall, within 15 days after the department has notified the local health officer of its decision to issue a retail food establishment license, make a final decision on whether the retail food establishment license will be validated.
(c) Failure of the local health officer to validate the retail food establishment license within 15 days after its receipt is a refusal.
(2) A temporary food establishment permit issued by the local regulatory authority under this chapter must be signed and validated by the local health officer in the county where the temporary food establishment is to operate. If a local board of review exists, the local health officer may validate the permit in accordance with regulations established by the local board of review.
History: En. Sec. 5, Ch. 200, L. 1979; amd. Sec. 16, Ch. 366, L. 1997; amd. Sec. 23, Ch. 239, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 2. Licensing › 50-50-215. Refusal by local health officer -- appeal to board

50-50-215. Refusal by local health officer -- appeal to board.
(1) (a) The local health officer may refuse to validate a license issued under this chapter only upon a finding that the requirements of this chapter and any rules implementing this chapter are not satisfied. If the local health officer refuses to validate the license, the officer shall notify the applicant and the department in writing stating the officer's reasons.
(b) If a local health officer does not approve a registration of a cottage food operator, as provided in 50-50-117, or a temporary food establishment permit, as provided in 50-50-120, the officer shall notify the applicant in writing stating the officer's reasons.
(2) The applicant or any person aggrieved by the decision of the local health officer as provided in subsection (1) may appeal the decision to the local board of health within 30 days after receiving written notice of the local health officer's decision.
(3) The hearing before the local board of health must be held pursuant to the contested case provisions of the Montana Administrative Procedure Act.
History: En. Sec. 6, Ch. 200, L. 1979; amd. Sec. 1852, Ch. 56, L. 2009; amd. Sec. 24, Ch. 239, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 2. Licensing › 50-50-216. Special revenue account

50-50-216. Special revenue account.
There is an account in the state special revenue fund. Money in the account is allocated to the department to be used to administer the provisions of this chapter and the rules adopted under it.
History: En. Sec. 3, Ch. 732, L. 1991.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 2. Licensing › 50-50-217. Water hauler requirements

50-50-217. Water hauler requirements.
As a requirement for licensure, a water hauler may obtain potable water only from an approved public water supply system, as defined in 75-6-102, or from sources approved and adopted by the department by rule.
History: En. Sec. 2, Ch. 428, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 3. Inspections › 50-50-301. Health officers and sanitarians to make investigations and inspections -- training requirements

50-50-301. Health officers and sanitarians to make investigations and inspections -- training requirements.
(1) State and local health officers, sanitarians-in-training, and registered sanitarians shall make investigations and inspections of retail food establishments once a year and make reports to the department as required under rules adopted by the department. An inspection may be conducted more often than once a year.
(2) A person conducting an inspection must be certified and have completed a food safety training program, such as the program administered by the national restaurant association educational foundation or its equivalent.
(3) (a) A cottage food operation is not subject to inspection under this section unless the state or local health officer is investigating a complaint based on an illness or an outbreak suspected to be directly related to cottage food products.
(b) A cottage food operation may request an inspection and pay the appropriate costs for that inspection on a voluntary basis.
(4) A producer as defined in 50-49-202 selling homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, is not subject to inspection under this section unless the state or local health officer is investigating a complaint based on an illness or an outbreak suspected to be directly related to that homemade food or homemade food product.
History: En. Sec. 11, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-621(1); amd. Sec. 4, Ch. 732, L. 1991; amd. Sec. 6, Ch. 528, L. 2003; amd. Sec. 25, Ch. 239, L. 2015; amd. Sec. 9, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 3. Inspections › 50-50-302. Health officers and sanitarians to have free access

50-50-302. Health officers and sanitarians to have free access.
(1) State and local health officers, sanitarians-in-training, and sanitarians must be provided free access to retail food establishments licensed or permitted under this chapter at all reasonable hours for the purpose of conducting investigations and inspections as required under this chapter.
(2) For the purpose of conducting investigations regarding complaints, illness, or outbreaks, state and local health officers, sanitarians-in-training, and sanitarians must be provided free access at all reasonable hours to cottage food operations if a complaint, illness, or outbreak is suspected or is directly related to the cottage food operation's cottage food products.
History: En. Sec. 11, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-621(2); amd. Sec. 5, Ch. 732, L. 1991; amd. Sec. 26, Ch. 239, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 3. Inspections › 50-50-303. Licensee or registrant to furnish food samples

50-50-303. Licensee or registrant to furnish food samples.
A licensee or a registrant under Title 50, chapter 50, part 2, shall furnish food samples for analysis as required by rules adopted by the department.
History: En. Sec. 11, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-621(3); amd. Sec. 27, Ch. 239, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 3. Inspections › 50-50-304. Discovery of food capable of causing food-borne illness

50-50-304. Discovery of food capable of causing food-borne illness.
If a state or local health officer, sanitarian, or other authorized person finds food that is capable of causing food-borne illness, that person shall issue a report in writing recommending that the food be withheld from sale to the public. A duplicate copy of the report, properly authenticated, is admissible in evidence in any action or proceeding where the condition of the food at the time of the inspection is material.
History: En. Sec. 11, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-621(4); amd. Sec. 1853, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 3. Inspections › 50-50-305. Department to pay local board for inspections and enforcement

50-50-305. Department to pay local board for inspections and enforcement.
(1) Subject to the provisions of subsection (2), before June 30 of each year, the department shall pay to a local board of health, as established under 50-2-104, 50-2-106, or 50-2-107, an amount from the local board inspection fund account created in 50-2-108 that must be used only for the purpose of inspecting retail food establishments, including mobile food establishments, licensed under this chapter and enforcing the provisions of this chapter.
(2) (a) The provisions of subsection (1) apply only if there is a functioning local board of health and the local board of health, local health officers, sanitarians-in-training, and registered sanitarians meet the requirements listed in subsection (2)(b).
(b) To be eligible under subsection (1), the entities listed in subsection (2)(a) shall:
(i) assist in inspections and enforcement of the provisions of this chapter and the rules adopted pursuant to this chapter; and
(ii) meet minimum program performance standards as established under rules adopted by the department.
(3) The funds received by the local board of health pursuant to subsection (1) must be deposited with the appropriate local fiscal authority and must be used to supplement, but not supplant, other funds received by the local board of health that in the absence of funding received under subsection (1) would be made available for the same purpose.
(4) Funds in the local board inspection fund account not paid to the local board of health as provided in subsection (1) may be used by the department, within any jurisdiction that does not qualify to receive payments from the local board inspection fund account, to enforce the provisions of this chapter and the rules adopted under it.
History: En. Sec. 3, Ch. 17, L. 1967; amd. Sec. 1, Ch. 48, L. 1973; amd. Sec. 1, Ch. 508, L. 1975; R.C.M. 1947, 27-614(part); amd. Sec. 5, Ch. 336, L. 1983; amd. Sec. 6, Ch. 732, L. 1991; amd. Sec. 28, Ch. 239, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 4. Frozen Food Lockers › 50-50-401. Tagging or declaration requirements for stored meat

50-50-401. Tagging or declaration requirements for stored meat.
(1) The owner or operator of an establishment, as defined in this chapter, shall not receive the carcass of a game animal, game bird, or any quarter, half, or whole carcass of beef or veal unless:
(a) it is properly stamped or tagged; or
(b) a written declaration is filed by the owner stating how it was obtained, date placed in the locker, and weight and type of meat.
(2) A declaration made under subsection (1)(b) of this section shall be retained for 1 year and shall be open to inspection by employees of the department.
History: En. Sec. 14, Ch. 17, L. 1967; R.C.M. 1947, 27-624(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 4. Frozen Food Lockers › 50-50-402. Plant owner not responsible for violation of game laws

50-50-402. Plant owner not responsible for violation of game laws.
A person who owns or operates a frozen food plant that offers individual compartments to the public is not responsible for violation of game laws by persons who rent locker space from the owner or operator.
History: En. Sec. 14, Ch. 17, L. 1967; R.C.M. 1947, 27-624(part); amd. Sec. 1854, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 4. Frozen Food Lockers › 50-50-403. Liability of frozen food plant operators restricted

50-50-403. Liability of frozen food plant operators restricted.
The liability for loss of food by the owner or operator of a frozen food plant that offers individual compartments to the public is limited to negligence in operation or negligence of the owner's or operator's employees.
History: En. Sec. 12, Ch. 17, L. 1967; R.C.M. 1947, 27-622; amd. Sec. 1855, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 1. General Provisions › 50-51-101. Findings and purpose of regulation or guidelines

50-51-101. Findings and purpose of regulation or guidelines.
(1) It is found that the welfare of the public is benefited by regulation or voluntary guidelines for the operation of establishments providing lodging space accommodations and for persons providing accommodations in order to prevent or eliminate unsanitary and unhealthful conditions and practices, which conditions and practices may endanger public health. It is further found that the regulation of or application of voluntary guidelines to establishments providing lodging space accommodations is in the interest of social well-being and the health and safety of the state and all of its people.
(2) The legislature recognizes that there is a wide disparity in the type of establishments, especially in the size, the time of year at which the establishments operate, and the ability of small establishments with few employees and a limited operating season to conform to the same standards to which larger establishments are required to conform. These factors must be considered, especially in the operation of small or seasonal businesses that are such an important part of Montana's tourism business. For these reasons, the legislature believes that department actions must be tailored to properly and reasonably address differences in the size, location, purpose, and time of year of operation of certain small or seasonal establishments. The legislature believes that guidelines to assist these small and seasonal establishments with addressing basic health standards are appropriate, rather than regulations. The guidelines should be voluntary and address basic health standards and should not detract from the rustic, out-of-doors experience offered by many guest ranches and outfitter and guide facilities and desired by many tourists. The legislature is also aware that most of these small and seasonal establishments such as guest ranches and outfitting and guide facilities have not been subject to department regulation. While voluntary guidance from the department on basic public health concerns may benefit these establishments, regulation is not warranted.
History: En. Sec. 1, Ch. 18, L. 1967; amd. Sec. 1, Ch. 485, L. 1973; R.C.M. 1947, 34-301; amd. Sec. 2, Ch. 412, L. 1997; amd. Sec. 1, Ch. 334, L. 2011.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 1. General Provisions › 50-51-103. Department authorized to adopt rules or guidelines

50-51-103. Department authorized to adopt rules or guidelines.
(1) The department may adopt rules governing the operation of bed and breakfasts, hotels, motels, roominghouses, boardinghouses, and tourist homes to protect the public health and safety.
(2) Rules applicable to a bed and breakfast, hotel, motel, roominghouse, boardinghouse, or tourist home may relate to construction, furnishings, housekeeping, personnel, sanitary facilities and controls, water supply, sewerage and sewage disposal systems, refuse collection and disposal, registration and supervision, fire and life safety, food service, staggered license expiration dates, and reimbursement of local governments for inspections and enforcement.
(3) The department may not adopt rules governing guest ranches and outfitting and guide facilities that meet the definitions in 50-51-102 but may adopt voluntary guidelines for these facilities. The guidelines must take into consideration the size, type, location, and seasonal operations of an establishment and may include only guidelines to:
(a) address that the establishment has safe drinking water and an adequate water supply;
(b) ensure an adequate and sanitary sewage system and ensure adequate and sanitary refuse collection and disposal; and
(c) address food safety concerns, such as adequate storage, refrigeration, and food handling.
(4) These guidelines must be developed through a negotiated process in cooperation with guest ranches and outfitters and guides. These guidelines are not intended to be regulatory in nature.
(5) The department shall develop guidelines for county sanitarians to provide assistance to guest ranches and outfitters and guides, and the guidelines must be tailored to the needs of each type of establishment.
(6) As provided in 7-1-113, nothing in this section prohibits a local government from adopting an ordinance that:
(a) is the same as or more stringent than rules adopted by the department under this section; or
(b) differs from the voluntary guidelines adopted by the department under this section.
History: En. Sec. 6, Ch. 18, L. 1967; amd. Sec. 5, Ch. 485, L. 1973; R.C.M. 1947, 34-306(a); amd. Sec. 2, Ch. 350, L. 1997; amd. Sec. 4, Ch. 412, L. 1997; amd. Sec. 57, Ch. 7, L. 2001; amd. Sec. 3, Ch. 334, L. 2011.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 1. General Provisions › 50-51-104. Cooperative agreements authorized

50-51-104. Cooperative agreements authorized.
The department is hereby authorized to enter into cooperative agreements with any of the state agencies or political subdivisions for the purpose of carrying out the provisions of this chapter or any part thereof.
History: En. Sec. 6, Ch. 18, L. 1967; amd. Sec. 5, Ch. 485, L. 1973; R.C.M. 1947, 34-306(b).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 1. General Provisions › 50-51-105. County attorney to prosecute violations

50-51-105. County attorney to prosecute violations.
When the department furnishes evidence to the county attorney of a county in this state, the county attorney shall prosecute any person, firm, or corporation violating this chapter or a rule effective under this chapter.
History: En. Sec. 5, Ch. 18, L. 1967; amd. Sec. 7, Ch. 349, L. 1974; amd. Sec. 2, Ch. 505, L. 1975; R.C.M. 1947, 34-305(5).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 1. General Provisions › 50-51-106. Violation of chapter a misdemeanor

50-51-106. Violation of chapter a misdemeanor.
Any person violating any provision of this chapter or regulation made hereunder, except 50-51-107, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $50 or more than $100 for the first offense and not less than $75 or more than $200 for the second offense and for the third and subsequent offenses not less than $200 and by imprisonment in the county jail not to exceed 90 days.
History: En. Sec. 9, Ch. 18, L. 1967; R.C.M. 1947, 34-309; amd. Sec. 18, Ch. 37, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 1. General Provisions › 50-51-107. Provision of nursing services or personal-care services by facility prohibited

50-51-107. Provision of nursing services or personal-care services by facility prohibited.
(1) Hotels, motels, boardinghouses, roominghouses, or similar accommodations may not provide professional nursing services or personal-care services. A resident of a hotel, motel, boardinghouse, roominghouse, or similar accommodation may have personal-care, medical, or nursing-related services provided for the resident in the facility by a third-party provider.
(2) Whenever a complaint is filed with the department that a person in need of professional nursing services is residing in a roominghouse or other similar accommodation not licensed to provide that service, the department shall investigate and may require appropriate care or placement of the person if it is found that professional nursing services are needed.
History: En. 34-311, 34-312 by Secs. 2, 3, Ch. 325, L. 1977; R.C.M. 1947, 34-311, 34-312; amd. Sec. 9, Ch. 597, L. 1983; amd. Sec. 1856, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 1. General Provisions › 50-51-108. Rules for bed and breakfast establishments

50-51-108. Rules for bed and breakfast establishments.
The department, in adopting rules establishing rules for bed and breakfast establishments, shall consult with bed and breakfast operators. The department shall establish a negotiated rulemaking committee, as provided in Title 2, chapter 5, part 1, to consider matters proposed by the department that affect bed and breakfast establishments.
History: En. Sec. 6, Ch. 350, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 1. General Provisions › 50-51-110. Special revenue account

50-51-110. Special revenue account.
There is an account in the state special revenue fund. Money in the account is allocated to the department to be used to administer the provisions of this chapter and the rules adopted under it.
History: En. Sec. 4, Ch. 730, L. 1991.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 1. General Provisions › 50-51-114. Emergency lodging program -- definitions

50-51-114. Emergency lodging program -- definitions.
(1) There is an emergency lodging program for licensed establishments located in Montana to assist designated charitable organizations in providing short-term lodging in Montana to individuals and families displaced from their residences.
(2) The purpose of the program is to provide emergency lodging to an individual or family who is:
(a) in immediate need of shelter based on an imminent or existing threat to the safety or security of the individual or family; and
(b) referred to the establishment by a designated charitable organization.
(3) Emergency lodging provided under this section must be provided at no cost to the individual or the referring organization.
(4) Participating establishments may offer lodging based on availability of rooms.
(5) The department shall maintain a registry of designated charitable organizations and shall provide a list of approved organizations to establishments on request. The department shall seek comment from appropriate statewide nonprofit organizations when developing and updating the registry.
(6) For the purposes of 50-51-115 and this section, "designated charitable organization" means an organization approved by the department to make referrals for emergency lodging.
History: En. Sec. 1, Ch. 375, L. 2007; amd. Sec. 3, Ch. 388, L. 2015; amd. Sec. 54, Ch. 503, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 1. General Provisions › 50-51-115. Emergency lodging -- liability for damages

50-51-115. Emergency lodging -- liability for damages.
(1) An individual who is provided with emergency lodging under 50-51-114 is liable for damages caused to the property during the individual's stay.
(2) If the individual is unable to pay for damages caused to the property, the designated charitable organization that referred the individual for emergency lodging is responsible for the cost of the damages.
History: En. Sec. 2, Ch. 375, L. 2007; amd. Sec. 4, Ch. 388, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 2. Licensing › 50-51-201. License required

50-51-201. License required.
(1) Except as provided in subsection (2), a person engaged in the business of conducting or operating an establishment shall annually procure a license issued by the department.
(2) A guest ranch or an outfitting and guide facility that meets the definitions in 50-51-102 is not required to obtain a license under subsection (1).
(3) A separate license is required for each establishment. However, when more than one type of establishment is operated on the same premises and under the same management, only one license is required that must enumerate on the certificate the types of establishments licensed.
(4) Before a license may be issued by the department, it must be validated by the local health officer or, if there is no local health officer, the sanitarian, in the county where the establishment is located.
History: En. Sec. 3, Ch. 18, L. 1967; amd. Sec. 3, Ch. 485, L. 1973; R.C.M. 1947, 34-303(part); amd. Sec. 3, Ch. 200, L. 1979; amd. Sec. 2, Ch. 730, L. 1991; amd. Sec. 9, Ch. 366, L. 1995; amd. Sec. 3, Ch. 350, L. 1997; amd. Sec. 5, Ch. 412, L. 1997; amd. Sec. 4, Ch. 334, L. 2011.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 2. Licensing › 50-51-202. Application for license

50-51-202. Application for license.
Application for a license shall be made in writing to the department on such forms and with such pertinent information as it considers necessary.
History: En. Sec. 3, Ch. 18, L. 1967; amd. Sec. 3, Ch. 485, L. 1973; R.C.M. 1947, 34-303(part); amd. Sec. 19, Ch. 37, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 2. Licensing › 50-51-203. Right to renewal

50-51-203. Right to renewal.
(1) Existing licenses shall be renewed as a matter of right, unless conditions exist which are grounds for a cancellation or denial of a license.
(2) Renewal may be obtained annually by paying the required annual license fee.
History: (1)En. Sec. 3, Ch. 18, L. 1967; amd. Sec. 3, Ch. 485, L. 1973; Sec. 34-303, R.C.M. 1947; (2)En. Sec. 4, Ch. 18, L. 1967; amd. Sec. 4, Ch. 485, L. 1973; amd. Sec. 1, Ch. 505, L. 1975; Sec. 34-304, R.C.M. 1947; R.C.M. 1947, 34-303(part), 34-304(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 2. Licensing › 50-51-204. License fee -- late fee

50-51-204. License fee -- late fee.
(1) (a) The department shall collect fees for each license required under 50-51-201 or for each annual license renewal as provided in subsection (1)(b). The department shall deposit 85% of the fees collected under this section into the local board inspection fund account created in 50-2-108, 11.25% of the fees into the general fund, and 3.75% of the fees into the account provided for in 50-51-110.
(b) Initial and renewal license fees are:
(i) $40 annually for an establishment with no more than 10 rooms available for rental;
(ii) $80 annually for an establishment with more than 10 but not more than 25 rooms available for rental; and
(iii) $160 annually for an establishment with more than 25 rooms available for rental.
(2) (a) In addition to the license renewal fee required under subsection (1), the department shall collect a late fee of $25 from any licensee who has failed to submit a license renewal fee prior to the expiration of the licensee's current license and who operates an establishment governed by this part in the next licensing year.
(b) The late fee must be deposited in the account provided for in 50-51-110.
History: En. Sec. 4, Ch. 18, L. 1967; amd. Sec. 4, Ch. 485, L. 1973; amd. Sec. 1, Ch. 505, L. 1975; R.C.M. 1947, 34-304(a); amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 2, Ch. 336, L. 1983; amd. Sec. 2, Ch. 247, L. 1989; amd. Sec. 3, Ch. 730, L. 1991; amd. Sec. 1857, Ch. 56, L. 2009; amd. Sec. 3, Ch. 482, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 2. Licensing › 50-51-205. License fee to supersede other fees

50-51-205. License fee to supersede other fees.
Payment of the license fee stipulated herein shall be accepted in lieu of any and all existing state fees and charges for like purposes or intent which may be existent prior to the adoption of this chapter.
History: En. Sec. 10, Ch. 18, L. 1967; R.C.M. 1947, 34-310.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 2. Licensing › 50-51-206. License not transferable

50-51-206. License not transferable.
Such license shall not be transferable or be applicable to any premises other than that for which originally issued.
History: En. Sec. 4, Ch. 18, L. 1967; amd. Sec. 4, Ch. 485, L. 1973; amd. Sec. 1, Ch. 505, L. 1975; R.C.M. 1947, 34-304(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 2. Licensing › 50-51-207. Expiration date of license

50-51-207. Expiration date of license.
(1) Except as provided in subsection (2), each license expires on December 31 following its date of issue unless canceled for cause.
(2) The department may amend or issue licenses to provide for staggered expiration dates. The department may provide for initial license terms of greater than 12 months but no more than 23 months in adopting staggered expiration dates. Thereafter, licenses expire annually. License fees for the license term implementing staggered license terms may be prorated by the department.
History: En. Sec. 4, Ch. 18, L. 1967; amd. Sec. 4, Ch. 485, L. 1973; amd. Sec. 1, Ch. 505, L. 1975; R.C.M. 1947, 34-304(part); amd. Sec. 4, Ch. 350, L. 1997; amd. Sec. 6, Ch. 412, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 2. Licensing › 50-51-208. Local board to report number of licensees to department

50-51-208. Local board to report number of licensees to department.
Before June 1 of each year, the local board of health shall submit to the department a list of the establishments in each jurisdiction that are licensed pursuant to this part.
History: En. Sec. 4, Ch. 18, L. 1967; amd. Sec. 4, Ch. 485, L. 1973; amd. Sec. 1, Ch. 505, L. 1975; R.C.M. 1947, 34-304(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 2. Licensing › 50-51-209. Cancellation of license

50-51-209. Cancellation of license.
The department may cancel a license if it finds, after proper investigation, that the licensee has violated this chapter or a rule effective under this chapter and the licensee has failed or refused to remedy or correct the violation.
History: En. Sec. 5, Ch. 18, L. 1967; amd. Sec. 7, Ch. 349, L. 1974; amd. Sec. 2, Ch. 505, L. 1975; R.C.M. 1947, 34-305(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 2. Licensing › 50-51-210. Submission of plan of correction as bar to cancellation

50-51-210. Submission of plan of correction as bar to cancellation.
Submission to the department of an acceptable plan of correction within 10 days after receipt from the department of written notice of violation and execution of an acceptable plan within the time prescribed in the written notice of approval of the plan by the department shall be a bar to prosecution for violation.
History: En. Sec. 5, Ch. 18, L. 1967; amd. Sec. 7, Ch. 349, L. 1974; amd. Sec. 2, Ch. 505, L. 1975; R.C.M. 1947, 34-305(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 2. Licensing › 50-51-211. Notice and hearing required

50-51-211. Notice and hearing required.
A license may not be denied or canceled by the department without delivery to the applicant or licensee of a written statement of the grounds therefor or the charge involved and an opportunity to answer at a hearing before the department to show cause, if any, why the license should not be denied or canceled. In such case, the licensee must make a written request to the department for a hearing within 10 days after notice of the grounds or charges has been received.
History: En. Sec. 5, Ch. 18, L. 1967; amd. Sec. 7, Ch. 349, L. 1974; amd. Sec. 2, Ch. 505, L. 1975; R.C.M. 1947, 34-305(2); amd. Sec. 3, Ch. 239, L. 1983.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 2. Licensing › 50-51-212. Cancellation of license for multiple-type establishment -- definition

50-51-212. Cancellation of license for multiple-type establishment -- definition.
(1) When a multiple-type establishment is licensed by the department, the denial or cancellation of the license may affect the entire establishment or only a portion of it as determined by the department.
(2) For the purposes of this section, "multiple-type establishment" includes two or more of the following: bed and breakfast, hotel, motel, or tourist home.
History: En. Sec. 5, Ch. 18, L. 1967; amd. Sec. 7, Ch. 349, L. 1974; amd. Sec. 2, Ch. 505, L. 1975; R.C.M. 1947, 34-305(3); amd. Sec. 5, Ch. 350, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 2. Licensing › 50-51-213. Return of license for alteration or destruction

50-51-213. Return of license for alteration or destruction.
On cancellation of a license or the right to operate one or more of the multiple-type establishments under the same license, the license certificate shall be returned to the department for destruction or deletion of types of establishment as the department may direct in its notice of cancellation.
History: En. Sec. 5, Ch. 18, L. 1967; amd. Sec. 7, Ch. 349, L. 1974; amd. Sec. 2, Ch. 505, L. 1975; R.C.M. 1947, 34-305(4).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 2. Licensing › 50-51-214. Notification of and validation by local health officer

50-51-214. Notification of and validation by local health officer.
(1) A license issued by the department under this chapter is not valid until signed by the local health officer in the county where the establishment is located.
(2) The local health officer shall, within 15 days after the department has notified the local health officer of its decision to issue a license under this chapter, make a final decision on whether the license will be validated.
(3) Failure of the local health officer to validate the license within 15 days after its receipt is a refusal.
History: En. Sec. 5, Ch. 200, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 2. Licensing › 50-51-215. Refusal by local health officer -- appeal to board

50-51-215. Refusal by local health officer -- appeal to board.
(1) The local health officer may refuse to validate a license issued under this chapter only upon a finding that the requirements of this chapter and any rules implementing it are not satisfied. If the local health officer refuses to validate the license, the officer shall notify the applicant and the department in writing stating the officer's reasons.
(2) The applicant or any person aggrieved by the decision of the local health officer not to validate a license may appeal the decision to the local board of health within 30 days after receiving written notice of the local health officer's decision.
(3) The hearing before the local board of health must be held pursuant to the contested case provisions of the Montana Administrative Procedure Act.
History: En. Sec. 6, Ch. 200, L. 1979; amd. Sec. 1858, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 3. Inspections › 50-51-301. Health officers to make investigations and inspections

50-51-301. Health officers to make investigations and inspections.
State and local health officers, sanitarians-in-training, and registered sanitarians shall make investigations and inspections of establishments and make reports to the department as required under rules adopted by the department.
History: En. Sec. 7, Ch. 18, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 34-307(a); amd. Sec. 5, Ch. 730, L. 1991.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 3. Inspections › 50-51-302. Health officers to have free access

50-51-302. Health officers to have free access.
State and local health officers, sanitarians-in-training, and registered sanitarians must be provided free access to establishments at all reasonable hours for the purpose of conducting investigations and inspections as required under this chapter.
History: En. Sec. 7, Ch. 18, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 34-307(b); amd. Sec. 6, Ch. 730, L. 1991.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 3. Inspections › 50-51-303. Department to pay local board for inspections and enforcement

50-51-303. Department to pay local board for inspections and enforcement.
(1) Before June 30 of each year, the department shall pay to a local board of health, as established under 50-2-104, 50-2-106, or 50-2-107, an amount from the local board inspection fund account created in 50-2-108 that must be used only for the purpose of inspecting establishments licensed under this chapter and enforcing the provisions of this chapter; provided, however, that:
(a) there is a functioning local board of health; and
(b) the local board of health, local health officers, sanitarians-in-training, and registered sanitarians:
(i) assist in inspections and enforcement of the provisions of this chapter and the rules adopted under it; and
(ii) meet minimum program performance standards as established under rules adopted by the department.
(2) The funds received by the local board of health pursuant to subsection (1) must be deposited with the appropriate local fiscal authority and must be used to supplement, but not supplant, other funds received by the local board of health that in the absence of funding received under subsection (1) would be available for the same purpose.
(3) Funds in the local board inspection fund account not paid to the local board of health as provided in subsection (1) may be used by the department, within any jurisdiction that does not qualify to receive payments from the local board inspection fund account, to enforce the provisions of this chapter and the rules adopted under it.
History: En. Sec. 4, Ch. 18, L. 1967; amd. Sec. 4, Ch. 485, L. 1973; amd. Sec. 1, Ch. 505, L. 1975; R.C.M. 1947, 34-304(part); amd. Sec. 6, Ch. 336, L. 1983; amd. Sec. 7, Ch. 730, L. 1991.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 51. Hotels, Motels, and Roominghouses › Part 4. Penalties › 50-51-401. Civil penalties -- injunctions not barred

50-51-401. Civil penalties -- injunctions not barred.
(1) An establishment that violates this chapter or rules adopted by the department pursuant to this chapter is subject to a civil penalty not to exceed $500.
(2) Civil action to impose penalties, as provided under this section, does not bar injunctions to enforce compliance with this chapter or to enforce compliance with a rule adopted by the department pursuant to this chapter.
History: En. Sec. 8, Ch. 730, L. 1991; amd. Sec. 7, Ch. 412, L. 1997; amd. Sec. 5, Ch. 334, L. 2011.