Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.147 - OFF-PREMISES BEER AND TABLE WINE LICENSE - PREMISES SUITABILITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The department shall determine the
				suitability of the premises where an off-premises beer and table wine 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, change the location where a license will be operated, or make alterations
				to a premises with a floor plan that the department approved.
(2) The premises of an off-premises beer and
				table wine 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. The interior
				portion of the premises must comply with the requirements of
				16-3-311(3),
				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 licensed
				alcoholic beverage business. The only access from the premises to another
				licensed alcoholic beverage business may be through a single lockable door, no
				more than six feet wide, in the permanent floor-to-ceiling wall. Additional
				lockable doors or a doorway larger than six feet wide 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;
(h) the premises are not located where a
				local government ordinance prohibits the sale of alcoholic beverages;
(i) the premises are in a stand-alone beer
				and/or table wine business, a grocery store, or a drugstore licensed as a
				pharmacy;
(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, identifies any
				storage areas, drive-through windows, and permanent floor-to-ceiling walls
				required between the premises and another licensed alcoholic beverage
				business;
(n) there is interior
				access to any interior portion of the premises; and
(o) all storage areas are located in the
				interior portion of the premises, except as authorized in
				16-3-311,
				MCA.