reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 4. Licensing Criteria › 16-4-433. Temporary operating authority

16-4-433. Temporary operating authority.
(1) The department may grant temporary operating authority to an applicant for a license issued under this code for a period not to exceed 180 days. The department may not extend the period of temporary operating authority beyond 180 days and may not grant temporary operating authority more than once for the same application.
(2) To be eligible to obtain temporary operating authority, and in addition to application requirements established by the department, the following requirements must be met:
(a) the license applied for must be currently operated at the proposed premises and the premises must not have been altered from the last approved floor plan; or
(b) the applicant must be a current licensee in good standing.
(3) An applicant is eligible to exercise all of the privileges of the license if temporary operating authority is granted by the department.
(4) The department may refuse to grant temporary operating authority if the department believes that the applicant is not qualified to hold a license, the applicant's proposed premises are not suitable for the operation of the business, or the department has adverse information about the applicant or the applicant's owners, officers, or managers. The department may immediately revoke temporary operating authority if the applicant or applicant's employees violate any provision of this code or any rules adopted under it. The refusal to grant temporary operating authority is not a contested case under the Montana Administrative Procedure Act.
(5) The granting of temporary operating authority is not a temporary license or a permit. It does not guarantee that the department will grant the application if it finds that the applicant is not qualified to hold a license or the premises are not suitable for the operation of the business.
History: En. Sec. 1, Ch. 28, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 5. Licensing Fees › 16-4-502. Census

16-4-502. Census.
The census taken under the direction of congress shall be the basis upon which the respective populations of the counties and incorporated cities or towns shall be determined. However, in the interim between censuses, the department shall use as such basis the most recent population estimates published by the bureau of the census, United States department of commerce.
History: En. Sec. 4, Ch. 84, L. 1937; amd. Sec. 1, Ch. 221, L. 1939; amd. Sec. 1, Ch. 163, L. 1941; amd. Sec. 1, Ch. 211, L. 1943; amd. Sec. 1, Ch. 236, L. 1947; amd. Sec. 1, Ch. 356, L. 1974; Sec. 4-404, R.C.M. 1947; amd. and redes. 4-4-403 by Sec. 119, Ch. 387, L. 1975; amd. Sec. 11, Ch. 496, L. 1977; R.C.M. 1947, 4-4-403; amd. Sec. 4, Ch. 25, L. 1981.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 5. Licensing Fees › 16-4-503. City and county licenses -- fees

16-4-503. City and county licenses -- fees.
The city council of any incorporated town or city or the county commissioners outside of any incorporated town or city may provide for the issuance of licenses to persons to whom a retail license has been issued under the provisions of this code and may fix license fees, not to exceed a sum equal to five-eighths of the fee for an all-beverages license or 100% of the fee for a beer or beer and wine license collected by the department from such licensee under this code.
History: En. Sec. 28, Ch. 84, L. 1937; Sec. 4-430, R.C.M. 1947; amd. and redes. 4-4-406 by Sec. 103, Ch. 387, L. 1975; amd. Sec. 1, Ch. 509, L. 1977; R.C.M. 1947, 4-4-406.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 9. Connoisseur's Licenses › 16-4-901. Connoisseur's licenses -- application -- fees

16-4-901. Connoisseur's licenses -- application -- fees.
(1) A person in this state desiring to receive direct shipments of beer from an out-of-state brewery for the person's own consumption and not for resale shall file with the department an application for a connoisseur's license. The application must be accompanied by a registration fee in the amount of $50 for a beer connoisseur's license.
(2) Each application for a license must be on a form prescribed by the department and must set forth the name of the applicant, the applicant's home or business address, proof that the applicant is at least 21 years of age, and other information that the department may require.
(3) A connoisseur's license expires on June 30 of each calendar year. A licensee may annually renew a license with the department by paying a $25 renewal fee for a beer connoisseur's license.
(4) The holder of a connoisseur's license may not sell beer to the public.
(5) The department shall adopt rules to provide procedures for the application for and the provision of a connoisseur's license.
History: En. Sec. 7, Ch. 543, L. 2001; amd. Sec. 8, Ch. 184, L. 2013.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 9. Connoisseur's Licenses › 16-4-902. Payment of taxes -- authority of department

16-4-902. Payment of taxes -- authority of department.
(1) A person holding a connoisseur's license shall pay, on June 30 and December 31, the beer taxes imposed by Title 16, chapter 1, part 4, on beer that is received by direct shipment from an out-of-state brewery during the previous 6-month period.
(2) Each holder of a connoisseur's license shall file with the department a return, on a form provided by the department, and pay the tax for shipments received.
History: En. Sec. 8, Ch. 543, L. 2001; amd. Sec. 9, Ch. 184, L. 2013.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 9. Connoisseur's Licenses › 16-4-903. Direct shipment of beer -- limitations

16-4-903. Direct shipment of beer -- limitations.
(1) Subject to the provisions of 16-4-901, the holder of a connoisseur's license may receive up to 288 bottles or 12 cases of beer from an out-of-state brewery during a 12-month period for personal use and not for resale.
(2) A licensee under this section shall forward to the out-of-state brewery a distinctive address label, provided by the department, clearly identifying any package that is shipped as a legal direct-shipment package to the holder of a connoisseur's license.
(3) A licensee shall report to the department, on June 30 and December 31, the total amount of beer received from an out-of-state brewery and pay all applicable excise taxes, as provided for in Title 16, chapter 1, part 4, imposed on the receipt of beer during the previous 6 months.
History: En. Sec. 9, Ch. 543, L. 2001; amd. Sec. 10, Ch. 184, L. 2013.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 9. Connoisseur's Licenses › 16-4-906. Out-of-state brewery registration -- limitation on shipping -- penalty

16-4-906. Out-of-state brewery registration -- limitation on shipping -- penalty.
(1) Each out-of-state brewery desiring to ship beer to a person holding a connoisseur's license shall register with the department on forms provided by the department.
(2) The annual limit on out-of-state shipments to all connoisseur's license holders is 1,440 bottles or 60 cases of beer.
(3) For any shipment into the state that exceeds the limits provided for in subsection (2), the out-of-state brewery may:
(a) distribute the brewery's product through a licensed wholesale distributor; or
(b) distribute as a brewery in accordance with the provisions of 16-3-214.
(4) An out-of-state brewery that violates the provisions of this section is subject to the penalties provided for in 16-6-302.
History: En. Sec. 10, Ch. 543, L. 2001; amd. Sec. 10, Ch. 501, L. 2007; amd. Sec. 4, Ch. 516, L. 2007; amd. Sec. 11, Ch. 184, L. 2013.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 9. Connoisseur's Licenses › 16-4-910. Penalty for noncompliance

16-4-910. Penalty for noncompliance.
(1) Except as provided in 16-4-906, a person who violates the provisions of this part commits a civil offense.
(2) A person convicted under subsection (1):
(a) for a first offense, must be mailed a certified letter by the department ordering that person to cease and desist committing the violation;
(b) for a second offense, shall be fined a civil penalty not to exceed $500; and
(c) for a third or subsequent offense, shall be fined a civil penalty not to exceed $2,500.
History: En. Sec. 11, Ch. 543, L. 2001.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 10. Responsible Alcohol Sales and Service › 16-4-1001. Short title

16-4-1001. Short title.
This part may be cited as the "Responsible Alcohol Sales and Service Act".
History: En. Sec. 1, Ch. 412, L. 2011.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 10. Responsible Alcohol Sales and Service › 16-4-1002. Legislative intent

16-4-1002. Legislative intent.
It is the intent of this part that retail establishments and manufacturers licensed to sell or serve alcoholic beverages to the public ensure that all licensees and their employees that sell or serve alcoholic beverages are appropriately trained to comply with state law prohibiting the sale or service of alcoholic beverages to persons under 21 years of age and to persons who are intoxicated. This part does not apply to special permits issued under 16-4-301.
History: En. Sec. 2, Ch. 412, L. 2011.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 10. Responsible Alcohol Sales and Service › 16-4-1003. Definition

16-4-1003. Definition.
As used in this part, "licensee" means a person or entity licensed by the department to sell alcoholic beverages at retail for either on-premises or off-premises consumption.
History: En. Sec. 3, Ch. 412, L. 2011.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 10. Responsible Alcohol Sales and Service › 16-4-1004. Notification -- violation -- penalty

16-4-1004. Notification -- violation -- penalty.
(1) A licensee shall certify annually on its license renewal form that the licensee is in compliance with the provisions of this part.
(2) A license renewal form that falsely includes information that the licensee and all employees have been trained pursuant to this part is a violation of this code.
(3) If, after an investigation under 16-4-406, a licensee is determined to have violated subsection (2) of this section, the licensee must be assessed an administrative penalty under 16-4-406 or the penalty for false swearing under 45-7-202.
History: En. Sec. 4, Ch. 412, L. 2011.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 10. Responsible Alcohol Sales and Service › 16-4-1005. Licensees required to ensure training

16-4-1005. Licensees required to ensure training.
A licensee shall:
(1) require each employee who is authorized to sell, serve, or deliver alcoholic beverages in the normal course of employment and the employee's immediate supervisor to successfully complete training to ensure compliance with state law regarding the sale and service of alcoholic beverages. The training must be completed within 60 days of the employee's date of hire and every 3 years after the employee's initial training.
(2) maintain employment records verifying employee completion of the training required in subsection (1).
History: En. Sec. 5, Ch. 412, L. 2011; amd. Sec. 10, Ch. 336, L. 2019.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 10. Responsible Alcohol Sales and Service › 16-4-1006. Responsible server and sales training program

16-4-1006. Responsible server and sales training program.
(1) The department shall certify all server and sales training programs that include the following:
(a) effects of alcohol on the human body;
(b) information, including criminal, civil, and administrative penalties, related to 27-1-710 and this code;
(c) procedures for checking identification;
(d) procedures for gathering proper documentation that may affect the licensee's liability;
(e) training for skills to handle difficult situations and to learn evaluation techniques regarding intoxicated persons or others that pose potential liability;
(f) a final test; and
(g) a certificate of completion, which must be provided to participants who pass the final test.
(2) The department may not provide a responsible server and sales training program.
History: En. Sec. 6, Ch. 412, L. 2011.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 10. Responsible Alcohol Sales and Service › 16-4-1007. Jurisdiction

16-4-1007. Jurisdiction.
The implementation and enforcement of any mandatory server and sales training programs in this state is under the exclusive authority and jurisdiction of the department.
History: En. Sec. 7, Ch. 412, L. 2011.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 10. Responsible Alcohol Sales and Service › 16-4-1008. Penalty

16-4-1008. Penalty.
(1) A licensee found as a result of a routine check for compliance with 16-3-301, 16-6-304, or 16-6-305 to be out of compliance with 16-4-1005 shall pay a $50 penalty for a first offense, a $200 penalty for a second offense, and a $350 penalty for a third offense in a 3-year period. The fine must be paid to the department and deposited in the enterprise fund to the credit of the department for administration of this part.
(2) The department shall consider the following as mitigating circumstances before taking an action pursuant to 16-4-406 against a licensee who is not in compliance with the provisions of this part:
(a) the licensee's prior violation history;
(b) the licensee's good faith effort to prevent a violation;
(c) the existence of written policies governing employee conduct; and
(d) whether the evidence of a violation was based solely on the investigating authority creating an opportunity for the violation rather than on complaints received or observed misconduct.
History: En. Sec. 8, Ch. 412, L. 2011.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 10. Responsible Alcohol Sales and Service › 16-4-1009. Rulemaking

16-4-1009. Rulemaking.
The department shall adopt rules to implement the provisions of this part.
History: En. Sec. 9, Ch. 412, L. 2011.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 11. Direct Shipment Endorsements -- Table Wine › 16-4-1101. Direct shipment endorsement for wineries -- definition

16-4-1101. Direct shipment endorsement for wineries -- definition.
(1) A winery licensed or registered in Montana under 16-4-107 may sell and ship under a direct shipment endorsement up to 18 9-liter cases of table wine annually to an individual in Montana who is at least 21 years of age for the individual's personal use and not for resale.
(2) The shipment of table wine directly to an individual in Montana from a winery that does not possess a current direct shipment endorsement is prohibited, and penalties may be assessed as provided in 16-4-1103.
(3) The shipment of table wine directly to an individual in Montana under a direct shipment endorsement that is not conspicuously labeled as required under 16-4-1102(2) is prohibited and subject to penalties as provided in 16-4-1103.
(4) For the purposes of this part, a "direct shipment endorsement" is permission issued by the department to a winery licensed or registered pursuant to 16-4-107 under which the winery is allowed to sell and ship table wine directly to an individual in Montana.
History: En. Sec. 1, Ch. 184, L. 2013.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 11. Direct Shipment Endorsements -- Table Wine › 16-4-1102. Requirements for direct shipment endorsements -- fee -- labeling -- taxes -- recordkeeping

16-4-1102. Requirements for direct shipment endorsements -- fee -- labeling -- taxes -- recordkeeping.
(1) A winery licensed or registered under 16-4-107 shall before shipping table wine directly to an individual in Montana:
(a) remit an annual direct shipment endorsement fee of $50;
(b) submit to the department a written statement acknowledging that the winery will contract only with common carriers that agree that any delivery of table wine will be made only to an individual in Montana who is at least 21 years of age and who signs a form acknowledging receipt of the table wine; and
(c) receive from the department a direct shipment endorsement.
(2) A shipment of table wine under this part must be conspicuously labeled with the words "Contains Alcohol: Signature of Person Age 21 or Older Required for Delivery".
(3) (a) In addition to maintaining records required under 16-3-411 or 16-4-107, a winery with a direct shipment endorsement shall maintain records of any sales or shipments to an individual in Montana.
(b) The winery shall electronically file a wine tax return and pay the tax required under 16-1-411. The information reported to the department must include the names and addresses of the individual to whom the table wine was shipped and any other information that the department determines is necessary to verify that direct shipment of table wine conforms to the requirements of Title 16. Failure to pay taxes or file the information required in this subsection (3)(b) subjects the winery holding the direct shipment endorsement to the penalties and interest provided for in 15-1-216.
(4) A winery with a direct shipment endorsement shall allow the department to perform an audit of the record of shipments made under 16-4-1101. The shipment records must be retained for 3 years.
(5) If a winery with a direct shipment endorsement uses a bonded wine warehouse to fill table wine orders shipped to an individual in Montana, the winery shall provide written notice to the department of the name and the address of the bonded wine warehouse. The winery is responsible for compliance with this part.
History: En. Sec. 2, Ch. 184, L. 2013; amd. Sec. 3, Ch. 29, L. 2019.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 4. License Administration › Part 11. Direct Shipment Endorsements -- Table Wine › 16-4-1103. Enforcement -- penalty -- rulemaking

16-4-1103. Enforcement -- penalty -- rulemaking.
(1) Subject to a right to a hearing and the appeal process provided by the Montana Administrative Procedure Act in Title 2, chapter 4, the department may enforce the requirements of this part by suspending or revoking the direct shipment endorsement or imposing a civil penalty not to exceed $1,500.
(2) A winery that has a direct shipment endorsement is considered to have consented to the jurisdiction of the department or any other state agency and the Montana courts concerning enforcement of this part and related rules or regulations.
(3) The owner of a winery is guilty of a misdemeanor if the winery makes a direct shipment without having a direct shipment endorsement.
(4) The department may adopt rules to implement this part.
History: En. Sec. 3, Ch. 184, L. 2013.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 5. Identification Cards (Repealed) › Part 1. Application for Card (Repealed) › 16-5-101. Repealed

16-5-101. Repealed.
Sec. 2, Ch. 26, L. 1979.
History: En. Sec. 1, Ch. 190, L. 1957; amd. Sec. 8, Ch. 240, L. 1971; amd. Sec. 9, Ch. 94, L. 1973; Sec. 4-506, R.C.M. 1947; redes. 4-5-101 by Sec. 120, Ch. 387, L. 1975; R.C.M. 1947, 4-5-101.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 5. Identification Cards (Repealed) › Part 1. Application for Card (Repealed) › 16-5-102. Repealed

16-5-102. Repealed.
Sec. 2, Ch. 26, L. 1979.
History: En. Sec. 2, Ch. 190, L. 1957; Sec. 4-507, R.C.M. 1947; amd. and redes. 4-5-102 by Sec. 106, Ch. 387, L. 1975; R.C.M. 1947, 4-5-102.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 5. Identification Cards (Repealed) › Part 1. Application for Card (Repealed) › 16-5-103. Repealed

16-5-103. Repealed.
Sec. 2, Ch. 26, L. 1979.
History: En. Sec. 3, Ch. 190, L. 1957; Sec. 4-508, R.C.M. 1947; amd. and redes. 4-5-103 by Sec. 107, Ch. 387, L. 1975; R.C.M. 1947, 4-5-103.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 5. Identification Cards (Repealed) › Part 1. Application for Card (Repealed) › 16-5-104. Repealed

16-5-104. Repealed.
Sec. 2, Ch. 26, L. 1979.
History: En. Sec. 4, Ch. 190, L. 1957; Sec. 4-509, R.C.M. 1947; amd. and redes. 4-5-104 by Sec. 108, Ch. 387, L. 1975; R.C.M. 1947, 4-5-104.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 5. Identification Cards (Repealed) › Part 1. Application for Card (Repealed) › 16-5-105. Repealed

16-5-105. Repealed.
Sec. 2, Ch. 26, L. 1979.
History: En. Sec. 5, Ch. 190, L. 1957; amd. Sec. 1, Ch. 272, L. 1973; Sec. 4-510, R.C.M. 1947; amd. and redes. 4-5-105 by Sec. 109, Ch. 387, L. 1975; amd. Sec. 13, Ch. 496, L. 1977; R.C.M. 1947, 4-5-105.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 5. Identification Cards (Repealed) › Part 1. Application for Card (Repealed) › 16-5-106. Repealed

16-5-106. Repealed.
Sec. 2, Ch. 26, L. 1979.
History: En. Sec. 7, Ch. 190, L. 1957; Sec. 4-512, R.C.M. 1947; redes. 4-5-106 by Sec. 120, Ch. 387, L. 1975; R.C.M. 1947, 4-5-106.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 1. Investigations › 16-6-101. Employment of investigators and prosecuting officers

16-6-101. Employment of investigators and prosecuting officers.
(1) The department of justice may appoint one or more investigators or prosecuting officers who, under its direction, shall perform the duties it may require.
(2) When requested by the department, the department of justice shall:
(a) investigate the character of an applicant applying for the issuance or transfer of an alcoholic beverage license and, if applicable, the suitability of a premises or proposed premises to be used in connection with an alcoholic beverage license;
(b) investigate all matters relating to the purchase, sale, importation, exportation, possession, and delivery of alcoholic beverages; and
(c) serve as a liaison to local law enforcement authorities in matters relating to alcoholic beverage law enforcement.
History: En. Sec. 90, Ch. 105, L. 1933; re-en. Sec. 2815.150, R.C.M. 1935; Sec. 4-225, R.C.M. 1947; amd. and redes. 4-6-201 by Sec. 39, Ch. 387, L. 1975; R.C.M. 1947, 4-6-201; amd. Sec. 10, Ch. 414, L. 1993; amd. Sec. 1, Ch. 312, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 1. Investigations › 16-6-102. Search warrants

16-6-102. Search warrants.
Upon information on oath by a department of justice investigator appointed under this code or by a peace officer showing reasonable cause to believe that alcoholic beverages are unlawfully kept, or kept for unlawful purposes, in any premises, a court may issue a warrant to authorize the investigator or peace officer or any other person named in the warrant to enter and search the entire premises, including to break open any door, lock, fastening, closet, cupboard, box, or other receptacle on the premises that might contain alcoholic beverages.
History: En. Sec. 74, Ch. 105, L. 1933; re-en. Sec. 2815.133, R.C.M. 1935; Sec. 4-208, R.C.M. 1947; amd. and redes. 4-6-203 by Sec. 25, Ch. 387, L. 1975; R.C.M. 1947, 4-6-203; amd. Sec. 11, Ch. 414, L. 1993.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 1. Investigations › 16-6-103. Examination of licensee's or agency liquor store premises and carriers' cars and aircraft -- access control systems permitted -- rulemaking

16-6-103. Examination of licensee's or agency liquor store premises and carriers' cars and aircraft -- access control systems permitted -- rulemaking.
(1) The department of justice or its representative or a peace officer may at any time examine the premises of a licensee or agency liquor store to determine whether the laws of Montana and the rules of the department or the department of justice are being complied with and also may inspect cars or aircraft of any common carrier system licensed under this code.
(2) (a) Nothing in subsection (1) prohibits a retail licensee who also is licensed under Title 23 from implementing an access control system that meets the requirements of this section.
(b) A retail licensee implementing an access control system shall notify the department and local law enforcement prior to the date the licensee begins using an access control system. A licensee shall also notify the department and local law enforcement when the licensee ceases to use the access control system.
(3) The department may adopt rules to implement this section.
(4) For the purposes of this section, the following definitions apply:
(a) "Access control system" means any system that temporarily restricts access to the licensed premises during business hours by locking the main entrance and requiring a person to gain access by approval of the licensee or employees of the licensee. An access control system must provide immediate access to the department or its representative or a local peace officer.
(b) "Immediate access" means that the department or its representative or a local peace officer who is identified as such is not unreasonably denied access to the premises.
History: En. Sec. 26, Ch. 84, L. 1937; Sec. 4-428, R.C.M. 1947; amd. and redes. 4-6-204 by Sec. 101, Ch. 387, L. 1975; R.C.M. 1947, 4-6-204; amd. Sec. 12, Ch. 414, L. 1993; amd. Sec. 1, Ch. 153, L. 2019; amd. Sec. 1, Ch. 129, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 1. Investigations › 16-6-104. Unlawful alcoholic beverage -- seizure -- forfeiture

16-6-104. Unlawful alcoholic beverage -- seizure -- forfeiture.
(1) An investigator or peace officer who finds an alcoholic beverage and who has reasonable cause to believe that the alcoholic beverage was obtained or kept by any person in violation of the provisions of this code may seize and remove the alcoholic beverage and the packages in which the alcoholic beverage is kept, and upon conviction of the person, the alcoholic beverage and all packages containing the alcoholic beverages are, in addition to any other penalty prescribed by this code, forfeited to the state of Montana.
(2) Any alcoholic beverage that has been shipped into Montana in violation of this code must be seized by any peace officer or representative of the department and may be confiscated in the manner as provided for the confiscation of alcoholic beverages.
History: (1)En. 4-6-205 by Sec. 22, Ch. 387, L. 1975; amd. Sec. 15, Ch. 496, L. 1977; Sec. 4-6-205, R.C.M. 1947; (2)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; Sec. 4-4-103, R.C.M. 1947; R.C.M. 1947, 4-4-103(part), 4-6-205; amd. Sec. 3, Ch. 47, L. 1983; amd. Sec. 33, Ch. 68, L. 1987; amd. Sec. 11, Ch. 501, L. 2007; amd. Sec. 5, Ch. 516, L. 2007; amd. Sec. 2, Ch. 312, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 1. Investigations › 16-6-105. Seizure and forfeiture of alcoholic beverage and conveyance

16-6-105. Seizure and forfeiture of alcoholic beverage and conveyance.
Whenever an investigator or any peace officer in making or attempting to make a search under and in pursuance of authority of law finds in any motor vehicle, vessel, boat, canoe, or conveyance of any description an alcoholic beverage that is unlawfully kept or had or kept or held for unlawful purposes contrary to the provisions of this code, the investigator or peace officer may seize the alcoholic beverage and packages in which the alcoholic beverage is contained and the motor vehicle, vessel, boat, canoe, or conveyance in which the alcoholic beverage is found. Upon the conviction of the occupant or person in charge of the motor vehicle, vessel, boat, canoe, or conveyance, or of any other person, for having or keeping the alcoholic beverages contrary to any of the provisions of this code in any vehicle, vessel, boat, canoe, or conveyance, the court in which the person is convicted may, in addition to the sentence imposed under authority of law, declare the alcoholic beverage or any part seized and the package in which the alcoholic beverage is contained to be forfeited to the state of Montana. The court may in and by decree further declare the motor vehicle, vessel, boat, canoe, or conveyance seized to be forfeited to the state of Montana.
History: En. Sec. 75, Ch. 105, L. 1933; re-en. Sec. 2815.134, R.C.M. 1935; Sec. 4-209, R.C.M. 1947; amd. and redes. 4-6-207 by Sec. 26, Ch. 387, L. 1975; R.C.M. 1947, 4-6-207; amd. Sec. 203, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 1. Investigations › 16-6-106. When force may be used in seizure of alcoholic beverages -- forfeiture -- hearing

16-6-106. When force may be used in seizure of alcoholic beverages -- forfeiture -- hearing.
(1) If an alcoholic beverage is found by a department of justice investigator or a peace officer in any place in quantities that satisfy the investigator or peace officer that the alcoholic beverage is being kept contrary to this code, the investigator or peace officer may seize and remove, by force if necessary, any alcoholic beverage found and the packages in which the alcoholic beverage was kept and immediately turn the alcoholic beverage over to the department.
(2) The department shall determine if the seized alcoholic beverage is suitable for resale in an agency liquor store. If the department has determined that the seized alcoholic beverage is suitable for resale, the department shall commence an administrative action against the owner of the alcoholic beverage. All seized alcoholic beverages found to be unsuitable for sale in an agency liquor store must be destroyed by the department.
(3) A notice and opportunity for hearing must be given in accordance with the Montana Administrative Procedure Act, except that the notice must be published in the county where the alcoholic beverage was seized if a newspaper is published in the county.
(4) The notice must show the date and place of seizure, the name of the person or persons actually or apparently in possession or control of the alcoholic beverage if the person was present at the time of the seizure, and the reasons the department claims the right to the possession of the alcoholic beverage. The notice must also demand that all persons who claim any right to the possession of the alcoholic beverage show the nature of their claim or claims, that the hearing examiner declare the alcoholic beverage contraband, and that the hearing examiner order that the alcoholic beverage be forfeited to the state.
History: En. Sec. 76, Ch. 105, L. 1933; re-en. Sec. 2815.135, R.C.M. 1935; amd. Sec. 1, Ch. 140, L. 1945; Sec. 4-210, R.C.M. 1947; amd. and redes. 4-6-208 by Sec. 27, Ch. 387, L. 1975; R.C.M. 1947, 4-6-208; amd. Sec. 14, Ch. 20, L. 1985; amd. Sec. 1, Ch. 83, L. 1985; amd. Sec. 13, Ch. 414, L. 1993; amd. Sec. 92, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 1. Investigations › 16-6-107. Disposal of forfeited alcoholic beverages -- report

16-6-107. Disposal of forfeited alcoholic beverages -- report.
(1) If a court or hearing examiner orders the forfeiture of alcoholic beverages under this code or if a claimant to an alcoholic beverage under 16-6-105 or 16-6-106 fails to establish the claimant's right to the alcoholic beverage, the alcoholic beverage in question and the packages in which the alcoholic beverage is kept must be delivered to the department. The department shall determine the market value of each forfeited alcoholic beverage found to be suitable for sale in agency liquor stores and shall pay the amount determined to the state treasurer after deducting any expenses incurred by the department for transporting the forfeited alcoholic beverage to the state liquor warehouse. The alcoholic beverage suitable for sale in an agency liquor store must be taken into stock by the department and sold under the provisions of this code. All alcoholic beverages found to be unsuitable for sale in agency liquor stores must be destroyed by the department.
(2) If an alcoholic beverage is seized by a peace officer, the officer shall report to the department in writing the particulars of the seizure.
History: En. Sec. 77, Ch. 105, L. 1933; re-en. Sec. 2815.136, R.C.M. 1935; Sec. 4-211, R.C.M. 1947; amd. and redes. 4-6-209 by Sec. 28, Ch. 387, L. 1975; R.C.M. 1947, 4-6-209; amd. Sec. 2, Ch. 83, L. 1985; amd. Sec. 14, Ch. 414, L. 1993; amd. Sec. 37, Ch. 530, L. 1995.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 1. Investigations › 16-6-108. Inspection of carriers' records

16-6-108. Inspection of carriers' records.
For the purpose of obtaining information concerning any matter relating to the administration or enforcement of this code, the department or the department of justice or any person appointed by either department in writing for the purpose may inspect the freight and express books and records and all waybills, bills of lading, receipts, and documents in the possession of any railway company, express company, or other common carrier doing business within the state containing any information or record relating to any goods shipped or carried or consigned or received for shipment or carriage within the state.
History: En. Sec. 78, Ch. 105, L. 1933; re-en. Sec. 2815.137, R.C.M. 1935; Sec. 4-212, R.C.M. 1947; amd. and redes. 4-6-210 by Sec. 29, Ch. 387, L. 1975; R.C.M. 1947, 4-6-210; amd. Sec. 15, Ch. 414, L. 1993.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 1. Investigations › 16-6-109. Unlawful for carrier to refuse inspection of records

16-6-109. Unlawful for carrier to refuse inspection of records.
Every railway company, express company, or common carrier and every officer or employee of a company or common carrier who neglects or refuses to produce and submit for inspection any book, record, or document referred to in 16-6-108 when requested to do so by the department or the department of justice or by a person appointed by either department is guilty of an offense against this code.
History: En. Sec. 79, Ch. 105, L. 1933; re-en. Sec. 2815.138, R.C.M. 1935; Sec. 4-213, R.C.M. 1947; amd. and redes. 4-6-211 by Sec. 30, Ch. 387, L. 1975; R.C.M. 1947, 4-6-211; amd. Sec. 16, Ch. 414, L. 1993.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 2. Prosecutions › 16-6-201. Jurisdiction of courts

16-6-201. Jurisdiction of courts.
(1) As to misdemeanor actions, the district courts of this state have concurrent jurisdiction with justice of the peace courts in all prosecutions under the Montana Alcoholic Beverage Code described in 16-1-101.
(2) The jurisdiction provided for in subsection (1) is in addition to the jurisdiction of:
(a) justices' courts, as provided in 3-10-303;
(b) municipal courts, as provided in 3-6-103; and
(c) city courts, as provided in 3-11-102.
History: En. Sec. 48, Ch. 106, L. 1933; amd. Sec. 16, Ch. 46, Ex. L. 1933; re-en. Sec. 2815.47, R.C.M. 1935; amd. Sec. 9, Ch. 166, L. 1951; Sec. 4-344, R.C.M. 1947; amd. and redes. 4-6-301 by Sec. 70, Ch. 387, L. 1975; R.C.M. 1947, 4-6-301; amd. Sec. 1, Ch. 49, L. 2007.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 2. Prosecutions › 16-6-202. Appeal

16-6-202. Appeal.
An appeal shall lie from any conviction or order made in the prosecution of any offense against any of the provisions of this code, and the practice and procedure on any appeal from any such conviction or order and all proceedings thereon shall be governed by the law applicable to appeal in criminal cases.
History: En. Sec. 89, Ch. 105, L. 1933; re-en. Sec. 2815.149, R.C.M. 1935; Sec. 4-224, R.C.M. 1947; amd. and redes. 4-6-302 by Sec. 38, Ch. 387, L. 1975; R.C.M. 1947, 4-6-302.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 2. Prosecutions › 16-6-203. Description of offense

16-6-203. Description of offense.
In describing the offense respecting the sale or keeping for sale or other disposal of alcoholic beverages or the having, keeping, giving, purchasing, or consumption of alcoholic beverages in any information, summons, conviction, warrant, or proceeding under this code, it shall be sufficient to state simply the sale or keeping for sale or disposal, having, keeping, giving, purchasing, or consumption of alcoholic beverages, without stating:
(1) the name or kind of such alcoholic beverage or the price thereof;
(2) the name of any person to whom it was sold or disposed of or by whom it was taken or consumed or from whom it was purchased or received; or
(3) the quantity of alcoholic beverage, except in the case of offenses where the quantity is essential, and then it shall be sufficient to allege the sale or disposal of more or less than such quantity.
History: En. Sec. 80, Ch. 105, L. 1933; re-en. Sec. 2815.139, R.C.M. 1935; Sec. 4-214, R.C.M. 1947; amd. and redes. 4-6-303 by Sec. 31, Ch. 387, L. 1975; R.C.M. 1947, 4-6-303.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 2. Prosecutions › 16-6-204. Defense need not be negatived

16-6-204. Defense need not be negatived.
The description of any offense under this code, in the words of this code or in any words of like effect, shall be sufficient in law; and any exception, exemption, provision, excuse, or qualification, whether it occurs by way of proviso or in the description of the offense in this code, may be proved by the defendant but need not be specified or negatived in the information or complaint; but if it is so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the informant or complainant.
History: En. Sec. 81, Ch. 105, L. 1933; re-en. Sec. 2815.140, R.C.M. 1935; Sec. 4-215, R.C.M. 1947; amd. and redes. 4-6-304 by Sec. 32, Ch. 387, L. 1975; R.C.M. 1947, 4-6-304.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 2. Prosecutions › 16-6-205. Sufficiency of evidence

16-6-205. Sufficiency of evidence.
In any prosecution under this code for the sale or keeping for sale or other disposal of alcoholic beverages or the having, keeping, giving, purchasing, or consuming of alcoholic beverages, it is not necessary that any witness testify to the precise description or quantity of the alcoholic beverages sold, disposed of, kept, had, given, purchased, or consumed or the precise consideration, if any, received for the alcoholic beverages. It is also unnecessary to testify to the fact of the sale or other disposal having taken place with the witness's participation or to the witness's own personal or certain knowledge. However, a conviction may be based upon circumstantial evidence reasonably tending to establish the guilt of the accused beyond a reasonable doubt.
History: En. Sec. 82, Ch. 105, L. 1933; re-en. Sec. 2815.141, R.C.M. 1935; Sec. 4-216, R.C.M. 1947; amd. and redes. 4-6-305 by Sec. 33, Ch. 387, L. 1975; R.C.M. 1947, 4-6-305; amd. Sec. 204, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 2. Prosecutions › 16-6-206. Proof of violation

16-6-206. Proof of violation.
In proving the sale, disposal, gift, or purchase, gratuitous or otherwise, or consumption of an alcoholic beverage, it shall not be necessary in any prosecution to show that any money actually passed or any alcoholic beverage was actually consumed if the court hearing the case is satisfied that a transaction in the nature of a sale, disposal, gift, or purchase actually took place or that any consumption of an alcoholic beverage was about to take place. Proof of consumption or intended consumption of an alcoholic beverage on premises on which such consumption is prohibited by some person not authorized to consume an alcoholic beverage thereon shall be evidence that such alcoholic beverage was sold, given to, or purchased by the person consuming or being about to consume or carrying away the same, as against the occupant of the premises.
History: En. Sec. 83, Ch. 105, L. 1933; re-en. Sec. 2815.142, R.C.M. 1935; Sec. 4-217, R.C.M. 1947; amd. and redes. 4-6-306 by Sec. 34, Ch. 387, L. 1975; R.C.M. 1947, 4-6-306.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 2. Prosecutions › 16-6-207. Analyst's report as prima facie evidence of contents

16-6-207. Analyst's report as prima facie evidence of contents.
In any prosecution under this code or the rules adopted to implement this code, production by a police officer, constable, inspector, or peace officer of a certificate or report signed or purporting to be signed by a United States or state analyst as to the analysis or ingredients of any alcoholic beverage or other fluid or any preparation, compound, or substance, the certificate or report is prima facie evidence of the facts stated in the certificate or report and of the authority of the person giving or making the certificate or report without any proof of appointment or signature.
History: En. Sec. 84, Ch. 105, L. 1933; re-en. Sec. 2815.143, R.C.M. 1935; Sec. 4-218, R.C.M. 1947; amd. and redes. 4-6-307 by Sec. 35, Ch. 387, L. 1975; R.C.M. 1947, 4-6-307; amd. Sec. 205, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 2. Prosecutions › 16-6-208. Inference of intoxicating beverage

16-6-208. Inference of intoxicating beverage.
The court trying a case shall, in the absence of proof to the contrary, be at liberty to infer that the alcoholic beverage in question is intoxicating from the fact that a witness described it as intoxicating or by a name which is commonly applied to an intoxicating beverage.
History: En. Sec. 85, Ch. 105, L. 1933; re-en. Sec. 2815.144, R.C.M. 1935; Sec. 4-219, R.C.M. 1947; amd. and redes. 4-6-308 by Sec. 36, Ch. 387, L. 1975; R.C.M. 1947, 4-6-308.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 2. Prosecutions › 16-6-209. Inferences of fact from evidence found

16-6-209. Inferences of fact from evidence found.
Upon the hearing of any charge of selling or purchasing an alcoholic beverage or of unlawfully having or keeping an alcoholic beverage contrary to any of the provisions of this code, the court trying the case may draw inferences of fact from the kind and quantity of alcoholic beverage found in the possession of the person accused or in any building, premises, vehicle, motorcar, automobile, vessel, boat, canoe, conveyance, or place occupied or controlled by the accused and from the frequency with which the alcoholic beverage is received at or in or is removed from the location and from the circumstances under which the alcoholic beverage is kept or dealt with.
History: En. Sec. 86, Ch. 105, L. 1933; re-en. Sec. 2815.145, R.C.M. 1935; Sec. 4-220, R.C.M. 1947; amd. and redes. 4-6-309 by Sec. 37, Ch. 387, L. 1975; R.C.M. 1947, 4-6-309; amd. Sec. 206, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 3. Miscellaneous Prohibitions and Penalties › 16-6-302. Sale of alcoholic beverage without license -- sale or importation in violation of code -- penalty

16-6-302. Sale of alcoholic beverage without license -- sale or importation in violation of code -- penalty.
(1) For the purposes of this section "person" means an individual, partnership, corporation, company, firm, society, association, joint-stock company, trust, or other entity capable of holding a legal or beneficial interest in property, but does not include a state or agency of a state.
(2) A person who has not been issued a license under this code who sells or keeps for sale in Montana any alcoholic beverage commits a criminal offense and upon conviction is punishable by a fine not to exceed $5,000 or by imprisonment in the state prison for not less than 1 or more than 5 years or by both the fine and imprisonment.
(3) A person in the business of selling alcoholic beverages in another state or country who imports or distributes alcoholic beverages in violation of this code commits a civil offense.
(4) A person convicted under subsection (3):
(a) for a first offense, must be mailed a certified letter by the department ordering that person to cease and desist any shipments of alcoholic beverages to any person in Montana;
(b) for a second offense, shall be fined a civil penalty not to exceed $5,000;
(c) for a third offense, shall be fined a civil penalty not to exceed $10,000; and
(d) for a fourth or subsequent offense, shall be fined a civil penalty not to exceed $50,000.
History: En. Sec. 18, Ch. 84, L. 1937; Sec. 4-420, R.C.M. 1947; amd. and redes. 4-4-407 by Sec. 97, Ch. 387, L. 1975; R.C.M. 1947, 4-4-407; amd. Sec. 4, Ch. 5, L. 1979; amd. Sec. 6, Ch. 543, L. 2001.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 3. Miscellaneous Prohibitions and Penalties › 16-6-303. Sale of liquor not purchased or transferred from agency liquor store forbidden -- penalty

16-6-303. Sale of liquor not purchased or transferred from agency liquor store forbidden -- penalty.
It is unlawful for any licensee to sell or keep for sale or have on the licensee's premises for any purpose any liquor except that purchased from an agency liquor store or transferred as allowed in 16-4-404(7). Any licensee found in possession of or selling and keeping for sale any liquor that was not purchased from an agency liquor store or transferred as allowed in 16-4-404(7) shall, upon conviction, be punished by a fine of not less than $500 or more than $1,500, by imprisonment for not less than 3 months or more than 1 year, or by both fine and imprisonment. If the department is satisfied that the liquor was knowingly sold or kept for sale within the licensed premises by the licensee or by the licensee's agents, servants, or employees, the department shall immediately revoke the license.
History: En. Sec. 17, Ch. 84, L. 1937; Sec. 4-419, R.C.M. 1947; amd. and redes. 4-6-102 by Sec. 96, Ch. 387, L. 1975; amd. Sec. 14, Ch. 496, L. 1977; R.C.M. 1947, 4-6-102; amd. Sec. 38, Ch. 530, L. 1995; amd. Sec. 5, Ch. 28, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 6. Enforcement › Part 3. Miscellaneous Prohibitions and Penalties › 16-6-304. Providing alcoholic beverage to intoxicated person prohibited

16-6-304. Providing alcoholic beverage to intoxicated person prohibited.
A person, including a licensee and a licensee's agents or employees, may not sell, serve, or give an alcoholic beverage to a person who is apparently under the influence of alcohol.
History: En. Sec. 55, Ch. 105, L. 1933; re-en. Sec. 2815.114, R.C.M. 1935; Sec. 4-160, R.C.M. 1947; amd. and redes. 4-6-103 by Sec. 23, Ch. 387, L. 1975; R.C.M. 1947, 4-6-103; amd. Sec. 4, Ch. 312, L. 2023.