Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.145 - ON-PREMISES CONSUMPTION BEER AND ALL-BEVERAGE LICENSE - PREMISES SUITABILITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall determine the suitability of the premises where an on-premises
				consumption beer or all-beverage retailer proposes to operate a license, when a
				party applies to obtain a license, transfer ownership interest in an existing
				license requiring the vetting of a new party pursuant to
				16-4-401,
				MCA, changes the location where a license will be operated, makes alterations
				to a premises with a floor plan that the department approved, or applies to
				operate under a concession agreement with a concessionaire, as provided in ARM
				42.12.133.
(2) The premises of an on-premises
				consumption beer or all-beverage retailer may be considered suitable only if:
(a) the applicant or licensee has possessory
				interest in the premises;
(b) the
				applicant or licensee has adequate control over the premises;
(c) a single alcoholic beverage license of
				any kind will be operated at the premises;
(d) the premises are identified by a unique
				address;
(e) the premises are
				located in one building or a specific portion of one building, except that a
				patio/deck may extend the premises beyond the interior portion of the building.
				The interior portion of the premises must comply with the requirements of
				16-3-311(3),
				MCA. Subject to the exceptions in
				16-3-311(8)
				and (9), MCA, if the premises are located in
				a portion of a building, the premises must be separated by permanent
				floor-to-ceiling walls from any other business, including any other business
				operated by the licensee. Except as otherwise provided in
				16-3-311(8)
				and (9), MCA, the only access from the
				premises to another business may be through a single lockable door, no more
				than six feet wide, in the permanent floor-to-ceiling wall. Additional lockable
				doors in the permanent floor-to-ceiling wall may be allowed only upon
				department approval;
(f) building,
				health, and fire code approval is obtained;
(g) the premises are located on regular
				police beats and can be properly policed by local authorities, which includes
				the premises being located on property to which law enforcement has
				unrestricted access, except as provided in
				16-6-103,
				MCA;
(h) the premises are not
				located where a local government ordinance prohibits the sale of alcoholic
				beverages;
(i) the premises are
				either solely dedicated to the on-premises consumption of alcoholic beverages
				or are within a business directly related to the on-premises consumption of
				alcoholic beverages;
(j) the type
				of business is readily determinable due to indoor and outdoor signage and the
				premises' general layout and atmosphere;
(k) alcoholic beverages are advertised and
				displayed as being available for purchase;
(l) there are no signs, posters, or
				advertisements displayed on the exterior portion of the premises that identify
				any brewer, beer importer, or wholesaler in any manner. This prohibition
				extends to buildings adjacent to the premises only if the retailer has
				possessory interest in the building. This prohibition does not apply to
				temporary advertisements allowed under
				16-3-244,
				MCA;
(m) the floor plan accurately
				states the dimensions of the premises, includes the entity name, alcoholic
				beverage license number, physical address, submission date, and identifies all
				service areas, stationary drink preparation areas, storage areas, patios/decks,
				perimeter barriers, drive-through windows, and permanent floor-to-ceiling walls
				required between the premises and another business;
(n) the interior premises include at least
				one stationary drink preparation area. The premises may have more than one
				drink preparation area, including drink preparation areas on the patio/deck and
				moveable drink preparation areas, subject to department approval;
(o) there is interior access to any interior
				portion of the premises;
(p) all
				storage areas are located in the interior portion of the premises, except as
				authorized by
				16-3-311
				and
				16-4-213,
				MCA;
(q) the physical layout and
				equipment utilized provide sufficient physical safeguards to prevent the
				self-service of alcoholic beverages at any drink preparation area;
				and
(r) self-service devices and
				vending machines are not used to serve alcoholic beverages.