Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.151 - LIMITED ALL-BEVERAGES LICENSE FOR CONTINUING CARE RETIREMENT COMMUNITY - PREMISES SUITABILITY REQUIREMENTS AND CONDITIONS FOR OPERATING

Current through Register Vol. 13, July 5, 2024
(1) The department shall determine the
				suitability of the premises when a continuing care retirement community applies
				to obtain a limited all-beverage license provided in
				16-4-315,
				MCA, changes the location where the license will be operated, or makes
				alterations to the department-approved premises. The privileges granted under a
				license extend only to the premises depicted in the floor plan approved by the
				department except on-premises consumption may extend across the continuing care
				retirement community's campus, as provided in
				16-4-315,
				MCA.
(2) The continuing care
				retirement community premises 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) no other license authorized under Title
				16, MCA, will be operated concurrently at the premises;
(d) the premises are identified by a unique
				address;
(e) the premises are
				located within one building or a specific portion of one building. The interior
				of the premises must be a continuous area that is not broken by any area in
				which the applicant or licensee does not have adequate control, such as another
				business or a common area shared with other building tenants;
(f)  building, health, and fire code
				approvals are 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;
(h) the premises are not located where a
				local government ordinance prohibits the sale of alcoholic beverages;
(i) the premises complies with the
				licensing restrictions provided in
				16-3-306,
				MCA;
(j) there are no signs,
				posters, or advertisements displayed on the exterior 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 adjacent building. This prohibition does not
				apply to temporary advertisements allowed under
				16-3-244,
				MCA;
(k) the floor plan accurately
				states the dimensions of the premises, includes the applicant or licensee's
				name; alcoholic beverage license number, if applicable; physical address and
				date of application; and identifies the central dining area, any stationary
				drink preparation area, and any storage areas. A plat of the continuing care
				retirement community campus must also be provided to the department that shows
				the campus boundaries and any other structures located on the campus;
(l) the interior of the premises
				includes at least one stationary drink preparation area. The central dining
				area may have more than one drink preparation area, including moveable drink
				preparation areas, subject to department approval;
(m) all storage areas are located in the
				interior of the premises;
(n)
				alcoholic beverages will not be sold through a drive-up window;
(o) the physical layout and equipment
				utilized provide sufficient physical safeguards to prevent the self-service of
				alcoholic beverages at any drink preparation area; and
(p) self-service devices and vending machines
				are not used to serve alcoholic beverages.