reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.2 - License Transfer, Suspension, and Revocation › Rule 42.12.212 - LOAN STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) The department
				will further evaluate a designated loan to determine if the transaction is in
				reality a loan or an ownership interest. A review of the transaction will be
				conducted by using standards found either in the Uniform Commercial Code, the
				Internal Revenue Code, or standards which are in accordance with generally
				accepted commercial lending practices.
(2) The department will decline to find a
				loan arrangement where the money borrowed has not been returned when due and
				alternate arrangements have not been memorialized in a written contract. Such
				an extended financial arrangement must be documented and available to the
				department.
(3) The department will
				require any noninstitutional lender to complete documents authorizing
				examination and release of information, a personal history statement, and
				fingerprint cards on forms provided by the department, as well as any contract,
				purchase agreement, or other documents from the lender deemed necessary to
				assess the suitability of an applicant's source of funding as required in
				16-4-401, MCA.
(a) A loan agreement may not restrict the
				movement or transfer of a license.
(b) Cross collateralization language is
				unenforceable as it relates to loans secured by the liquor license as
				collateral.
(c) In the event of
				default, the lender's rights are protected under
				16-4-801, MCA. Upon default, the
				license must be placed on nonuse status pending transfer to a qualified
				purchaser or temporary operating authority. The lender is prohibited from
				leasing the collateral.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.2 - License Transfer, Suspension, and Revocation › Rule 42.12.213 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA IMP:
					 16-4-401,
					 16-4-402,
					 16-4-404,
					 16-4-801,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.2 - License Transfer, Suspension, and Revocation › Rule 42.12.221 - PENALTIES FOR VIOLATION OF RULES OR STATUTES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP,
					 16-3-301,
					 16-4-406,
					 16-6-305, and
					 16-6-314,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.2 - License Transfer, Suspension, and Revocation › Rule 42.12.222 - PROCEDURE UPON REVOCATION, LAPSE, OR SUSPENSION OF LICENSE

Current through Register Vol. 13, July 5, 2024
(1) When any alcoholic beverages license is
				suspended or revoked by the department, the department shall cause a notice to
				be posted on the inside of the licensed premises so that the notice can be seen
				from the outside, stating that the license has been suspended or revoked. The
				notice must identify the number of the license, the name of the licensee, the
				reason for the suspension or revocation, and the period of suspension. The
				suspension or revocation notice issued by the department must be dated and
				signed. The notice must be posted at all times during the period of suspension.
				In the case of a revocation, the notice must be posted on the premises for a
				period of 10 days. If the notice is removed or caused to be removed by the
				licensee or any employee of the licensee during a period of suspension, the
				license shall be permanently revoked and the licensee must be so notified in
				writing at the time the notice is posted. The license or licenses suspended
				will be held by the department during the period of suspension. The department
				may waive the notice and posting requirements for revocations provided in this
				rule.
(2) A revoked or lapsed
				license affects a license quota area as follows:
(a) if an action against the license causes
				the creation of the last remaining license for that license type in the quota
				area, the department shall publish the availability of a retail alcoholic
				beverage license in accordance with ARM
				42.12.502;
				or
(b) if the number of licenses
				issued for a quota area exceeds statutory limitations, the license will cease
				to exist and the department will adjust the license quota
				accordingly.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.3 - Special Licenses and Permits › Rule 42.12.301 - RESORT LICENSES; NON-RESORT LICENSES OPERATING ON RESORTS; DELIVERY AND CURBSIDE PICKUP

Current through Register Vol. 13, July 5, 2024
(1) The issuance of
				resort all-beverages licenses pursuant to
				16-4-213,
				MCA, is governed by all other applicable provisions of Title 16, MCA, and the
				rules of the department.
(2) Other
				non-resort licenses are allowed within a defined resort area and such licenses
				are not considered for purposes of determining the number of allowable resort
				all-beverages licenses.
(3) A
				resort all-beverages licensee may deliver alcoholic beverages to guests staying
				in accommodation units, as provided in
				16-4-213,
				MCA, after obtaining department approval and paying the statutory application
				fee.
(4) A non-resort on-premises
				consumption licensee may deliver alcoholic beverages anywhere within the resort
				area if the licensee has complied with the delivery endorsement requirements of
				ARM
				42.13.1102,
				42.13.1103,
				or
				42.13.1105,
				as applicable.
(5) Both resort and
				non-resort licensees may conduct the sale of alcoholic beverages via curbside
				pickup, which may include the use of a drive-up window, provided the licensee's
				premises comply with the premises suitability requirements of
				16-3-311,
				MCA, and the applicable rules of the department.
AUTH:
					 16-1-303, MCA;
					 IMP: 16-3-312,
					 16-4-201,
					 16-4-213,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.3 - Special Licenses and Permits › Rule 42.12.302 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply to this subchapter:
(1) "Conduct" means to develop, direct,
				manage and control the event.
(2)
				"Consideration" means the receiving of money or other compensation for
				providing a service, such as a charge for admission or other refreshments at
				the event where alcoholic beverages are provided.
(3) "Enclosure" means an area with definable
				boundaries including, but not limited to, a fair grounds or baseball stadium
				grounds.
(4) "Fortified wine" means
				wine that contains more than 16 percent, but not more than 24 percent, of
				alcohol by volume. Fortified wine constitutes liquor for distribution purposes.
(5) "Ordinary retail price" means
				the everyday price established by the retailer for the sale of alcoholic
				beverages to consumers. For distilled spirits and fortified wine, the price
				cannot be less than the department's posted price.
(6) "Resort area" means a location in Montana
				developed for the primary purpose of providing a suitable location and the
				necessary facilities where the general public may engage in recreational
				activity. Recreational activity includes hiking, skiing, boating, swimming,
				horseback riding, and golfing. It does not include such activities as shopping,
				movie-going, dining, and sight-seeing.
(7) "Structure" means the buildings and
				facilities constructed within the recreational development to house the
				alcoholic beverage service, and facilities constructed for use in recreational
				or sporting activity.
AUTH:
					 16-1-201,
					 16-1-303, MCA;
					 IMP:
					 16-1-201,
					 16-4-201,
					 16-4-213,
					 16-4-301,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.3 - Special Licenses and Permits › Rule 42.12.303 - APPRAISAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA;
					 IMP:
					 16-4-201,
					 16-4-202,
					 MCA.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.3 - Special Licenses and Permits › Rule 42.12.304 - PLAT VERIFICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-4-201 and
					 16-4-202,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.3 - Special Licenses and Permits › Rule 42.12.305 - REQUIRED ACCOMMODATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-4-201 and
					 16-4-202,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.3 - Special Licenses and Permits › Rule 42.12.306 - FINANCIAL RESPONSIBILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA;
					 IMP:
					 16-4-201,
					 16-4-202,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.3 - Special Licenses and Permits › Rule 42.12.307 - RESORT AREA DETERMINATION APPLICATION PROCESS

Current through Register Vol. 13, July 5, 2024
(1) A developer or landowner seeking a resort
				area designation shall submit to the department:
(a) a completed application for resort area
				determination;
(b) a plat or master
				plan of the resort area;
(c)
				details of the recreational resort facilities that are or will be within the
				resort area, as that definition is described in ARM
				42.12.302;
(d) processing fees as provided in ARM
				42.12.111; and
(e) any additional information the
				department may request.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.3 - Special Licenses and Permits › Rule 42.12.311 - PASSENGER CARRIER LICENSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-1-402,
					 16-1-403,
					 16-4-302, and
					 16-4-501,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.3 - Special Licenses and Permits › Rule 42.12.312 - LIQUOR MANUFACTURER'S LICENSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA IMP:
					 16-1-201,
					 16-4-312,
					 16-4-501,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.3 - Special Licenses and Permits › Rule 42.12.313 - PUBLIC WINE OR BEER TASTINGS

Current through Register Vol. 13, July 5, 2024
(1) Beer or
				wine tastings must be conducted by an on-premises consumption retail licensee,
				special permittee, or an on-premises consumption retail licensee with catering
				endorsement.
(2) In no case can a
				table wine distributor, a beer wholesaler, a winery/wine importer or a
				brewer/beer importer sponsor a wine or beer tasting other than at:
(a) a licensed retail premises that permits
				on-premises consumption except for a domestic winery as allowed under
				16-3-411, MCA;
(b) a domestic winery as allowed under
				16-3-411, MCA;
(c) a brewery as allowed under
				16-3-213, MCA;
(d) a special event with a special permit;
				or
(e) a catered premise from an
				on-premises consumption retail licensee with a catering endorsement.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.3 - Special Licenses and Permits › Rule 42.12.314 - RESTAURANT BEER AND WINE SERVICE OPERATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA IMP:
					 16-4-420,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.3 - Special Licenses and Permits › Rule 42.12.315 - SACRAMENTAL WINE LICENSE

Current through Register Vol. 13, July 5, 2024
(1) An
				establishment desiring to sell sacramental wine pursuant to
				16-4-313, MCA, may apply to the
				department by submitting a license application accompanied by a $100 licensing
				fee. The license renewal fee every year thereafter is $50 and must be renewed
				annually by July 1.
(2) An
				applicant must qualify for licensure under
				16-4-401, MCA.
(3) On the application, an applicant
				operating in Montana must verify that the following requirements are met:
(a) the layout of the premises allows for
				licensee-only and/or employee-only control over the sale, service, and/or
				distribution of the sacramental wine;
(b) the floor plan accurately represents the
				physical layout of the premises and identifies where the sacramental wine will
				be stored;
(c) the applicant has
				adequate safeguards in place to prevent the sale, delivery, or giving away of
				alcoholic beverages to the public; and
(d) the premises is physically separated from
				any business under separate ownership from the licensed area by permanent
				walls.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.3 - Special Licenses and Permits › Rule 42.12.316 - SACRAMENTAL WINE SALES RESTRICTIONS BY ALCOHOL CONTENT

Current through Register Vol. 13, July 5, 2024
(1) Sacramental wine may be sold in Montana
				only in conformity with the guidelines provided in (2) through (6) of this
				rule.
(2) Sacramental wine
				licensees may sell sacramental wine containing up to 24 percent alcohol by
				volume to officials of churches or other religious organizations.
(3) Registered foreign wineries may sell
				sacramental wine containing up to 24 percent alcohol by volume to licensed
				table wine distributors.
(4)
				Licensed foreign wineries may sell sacramental wine containing not more than 16
				percent alcohol by volume to licensed retailers and sacramental wine containing
				not more than 24 percent alcohol by volume to table wine distributors and
				sacramental wine licensees.
(5)
				Licensed domestic wineries may sell sacramental wine containing not more than
				16 percent alcohol by volume to licensed retailers and sacramental wine
				containing not more than 24 percent alcohol by volume to table wine
				distributors and sacramental wine licensees.
(6) Table wine distributors may sell
				sacramental wine containing not more than 16 percent alcohol by volume to
				licensed retailers and sacramental wine containing not more than 24 percent
				alcohol by volume to sacramental wine licensees.
16-1-303, MCA; IMP,
					 16-4-107,
					 16-4-108,
					 16-4-313,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.3 - Special Licenses and Permits › Rule 42.12.317 - SACRAMENTAL WINE MONTHLY REPORTS AND TAX RETURNS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA
					 IMP:
					 16-1-411,
					 16-4-313,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.3 - Special Licenses and Permits › Rule 42.12.321 - APPLICATION FOR SPECIAL PERMIT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-4-301,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.3 - Special Licenses and Permits › Rule 42.12.322 - PROCESSING OF SPECIAL PERMIT APPLICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-4-301,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.3 - Special Licenses and Permits › Rule 42.12.323 - PERMISSIBLE AND PROHIBITED SPECIAL PERMIT ACTIVITIES

Current through Register Vol. 13, July 5, 2024
(1) A special permit issued pursuant to
				16-4-301, MCA, entitles the holder
				to sell and serve beer and/or table wine at retail only at a booth, stand, or
				other fixed place of business within the exhibition enclosure, confined to
				specified premises or designated areas, described in the application and
				approved by the department. A holder of any such permit, or his agents or
				employees may also sell and serve beer in the grandstand or bleacher.
(2) A special event may only last for a
				maximum of three days except that each permit holder may have one special event
				per year that lasts up to seven days for a fair if it is a county, state, or
				regional fair that occurs no more than once per year, is held on a
				publicly-owned fairgrounds, and is officially sanctioned by a government
				entity.
(3) Special permits issued
				under 16-4-301, MCA, entitle the holder
				to sell and serve liquor, beer, and/or table wine at retail only within the
				hall or building described in the application. A holder of a special permit,
				the holder's agents, or employees may not sell liquor, beer, and/or table wine
				to persons other than members of the permittee organization and their bona fide
				guests. Where posts of nationally chartered veterans organizations or lodges of
				a recognized national fraternal organization do not own or maintain a permanent
				post, lodge building, or hall, the department may issue a special permit to the
				organization for use at premises where the post or lodge regularly meet to
				conduct its meetings or community related events.
(4) Beer wholesalers and table wine
				distributors shall not:
(a) allow their
				employees to assist a special permittee or catering permittee in the sale of
				beer and/or table wine, except for setting up equipment for sale and service of
				beer or table wine; or
(b) sell
				beer and/or table wine to a special permittee or catering permittee on a
				consignment basis.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.3 - Special Licenses and Permits › Rule 42.12.324 - SPECIAL PERMITS

Current through Register Vol. 13, July 5, 2024
(1) A special
				permit application must be completed and approved by the department when
				requesting the ability to sell beer and wine to patrons attending a special
				event. The holder of a special permit must abide by all applicable laws
				governing the retail sale of beer and wine for on-premises
				consumption.
(2) The length of time
				for which a special permit can be issued is determined by the fact that there
				is an outcome, conclusion or result. For example, the winner of a baseball
				tournament or the end of a concert.
(3) An applicant for a special permit cannot
				have an ownership interest in a manufacturer, importer, bottler or distributor
				of alcoholic beverages or ownership in an agency liquor store.
(4) Any on-premises consumption retail
				licensee entitled to a catering endorsement will not be issued a special
				permit, except for veteran and fraternal licensees as provided for in
				16-4-301, MCA.
(5) Only one permit is required for multiple
				locations where beer and wine are sold within the enclosure where the event is
				held. All locations must be described on the permit application. A copy of the
				permit must be posted at each location.
(6) A special permit cannot be issued to a
				location where another permit or license is issued.
(7) Private parties where no money or other
				consideration is exchanged such as weddings or office parties are not required
				to obtain a special permit.
(8) A
				special permit is subject to the provisions of
				16-3-306, MCA, unless the entities
				in 16-3-306, MCA, provide the
				department with advanced written approval.
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-3-306,
					 16-4-301,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.4 - Restaurant Beer and Wine License Lottery Process › Rule 42.12.401 - DEFINITIONS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA
					 IMP:
					 16-4-105,
					 16-4-201,
					 16-4-204,
					 16-4-420,
					 16-4-502,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.4 - Restaurant Beer and Wine License Lottery Process › Rule 42.12.404 - APPLICATION LIMITATION PER PREMISES (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA
					 IMP:
					 16-4-420,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.4 - Restaurant Beer and Wine License Lottery Process › Rule 42.12.405 - RESTAURANT BEER AND WINE LICENSE APPLICATION FEES (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA
					 IMP:
					 16-4-420,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.4 - Restaurant Beer and Wine License Lottery Process › Rule 42.12.406 - LOTTERY APPLICATION PROCESS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA
					 IMP:
					 16-4-105,
					 16-4-201,
					 16-4-204,
					 16-4-420,
					 16-4-502, MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.4 - Restaurant Beer and Wine License Lottery Process › Rule 42.12.408 - FINAL APPLICATION PROCESS FOLLOWING SUCCESSFUL APPOINTMENT UNDER A LOTTERY (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA
					 IMP:
					 16-4-420,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.4 - Restaurant Beer and Wine License Lottery Process › Rule 42.12.410 - WHEN LOTTERY WILL NOT BE HELD (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-4-420,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.4 - Restaurant Beer and Wine License Lottery Process › Rule 42.12.412 - WHEN LOTTERY WILL BE HELD (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA
					 IMP:
					 16-4-420,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.4 - Restaurant Beer and Wine License Lottery Process › Rule 42.12.414 - HOW APPLICANTS WILL BE CHOSEN (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA
					 IMP:
					 16-4-105,
					 16-4-201,
					 16-4-204,
					 16-4-420,
					 16-4-502,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.4 - Restaurant Beer and Wine License Lottery Process › Rule 42.12.416 - ALTERATION OF PREMISES FOLLOWING RECEIPT OF RESTAURANT BEER/WINE LICENSE - SEATING CAPACITY (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA
					 IMP:
					 16-4-420,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.5 - Competitive Bidding Process for Retail Alcoholic Beverage Licenses › Rule 42.12.501 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply to this subchapter:
(1) "Bidder" means an individual or business
				entity.
(2) "Competitive bid form"
				means an electronic form provided by the department and submitted by a bidder,
				to enter a competitive bidding process.
(3) "Competitive bidding" means a process to
				select a bidder to submit an application for licensure.
(4) "Irrevocable letter of credit (ILOC)"
				means a letter of credit between a financial institution and a bidder, in
				accordance with Title 30, chapter 5, MCA, in which the issuing financial
				institution guarantees;
(a) the bidder's
				payment of a stated bid amount;
(b)
				the ILOC will be irrevocable for a minimum of one year from the date of the
				competitive bidding closing if the bidder's bid is the highest bid submitted
				for the available license;
(c) the
				department is named as beneficiary of the ILOC; and
(d) the financial institution will not modify
				the ILOC without the department's consent if the bidder's bid is the highest
				bid submitted for the available license.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.5 - Competitive Bidding Process for Retail Alcoholic Beverage Licenses › Rule 42.12.502 - PUBLISHING OF ALCOHOLIC BEVERAGE LICENSE AVAILABILITY

Current through Register Vol. 13, July 5, 2024
(1) The department shall publish the
				availability of a retail alcoholic beverage license, that is subject to the
				quota limitations in
				16-4-105,
				16-4-201,
				or
				16-4-420,
				MCA, when:
(a) a new license becomes
				available in a quota area in which a license of the same type is not currently
				available in the quota area;
(b)
				the opportunity to transfer a license into a quota area becomes available in
				which a license of the same type is not currently available in the quota area;
				and
(c) the lapse, revocation, or
				issuance of a license within the quota area in which the license is located has
				created the last remaining license for that license type in the quota area;
				and
(d) the department's denial of
				an application for licensure or the applicant's withdrawal of an application
				for licensure has created the last remaining license for that license type in
				the quota area. (2) No more than one license per license type per quota area
				may be published per calendar year until the quota has been reached for
				licenses that became available due to the separation of combined quota
				areas.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.5 - Competitive Bidding Process for Retail Alcoholic Beverage Licenses › Rule 42.12.503 - RETAIL ALCOHOLIC BEVERAGE LICENSE COMPETITIVE BID FORMS

Current through Register Vol. 13, July 5, 2024
(1) Competitive bid forms must be submitted
				electronically to the department.
(2) The deadline to submit a bid is ten
				business days from the date of the last publication notice required in ARM
				42.12.502(3).
(3) The department shall notify
				the highest bidder, in writing, if any deficiencies exist on the highest
				bidder's bid form. The highest bidder shall have the opportunity to correct any
				deficiencies by submitting a revised bid form within five business days of
				being notified.
(4) A bidder will
				be disqualified from the competitive bidding process if:
(a) the competitive bid form is not received
				on or before the deadline;
(b) any
				individual listed as an owner, partner, member, officer, or director is younger
				than 19 years of age at the time of the competitive bid closing;
(c) the bidder's bid amount is less than the
				minimum bid amount;
(d) the bidder
				fails to include an irrevocable letter of credit from a financial
				institution;
(e) he irrevocable
				letter of credit fails to identify the department as the beneficiary;
				or
(f) the irrevocable letter of
				credit is not equal to or greater than the bidder's bid amount.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.5 - Competitive Bidding Process for Retail Alcoholic Beverage Licenses › Rule 42.12.504 - DETERMINATION OF SUCCESSFUL COMPETITIVE BIDDER AND SUBMISSION OF COMPLETED APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall rank all qualified bidders by bid amount.
(2) In the event a bidder places multiple
				bids, the department shall accept the highest bid placed by the
				bidder.
(3) In the event of the
				highest bid resulting in a tie, the department shall notify those bidders to
				request the bidders to submit a new bid and irrevocable letter of credit.
(4) The department shall notify
				the highest bidder in writing. The department shall also notify all other
				bidders that the highest bidder was notified.
(5) The highest bidder shall have 60 days to
				submit the application for licensure from the day the notification was
				received. Up to 60 additional days may be granted to the highest bidder upon
				the department receiving and approving a written request by the highest bidder
				that explains the need for additional time. If the highest bidder does not
				submit a completed application for licensure within the allotted time, the
				highest bidder will be disqualified. Once the application for licensure has
				been submitted, the highest bidder becomes an applicant.
(6) The information provided by the applicant
				on the application for licensure must match the information provided on the
				competitive bid form. Failure to provide identical information will result in
				denial of the application.
(7) The
				applicant must meet all other licensing and premises suitability requirements
				in order for a license to be issued by the department. Once the application has
				been approved by the department, the applicant becomes a licensee.
(8) Failure to pay the bid amount by the time
				the department is ready to approve the license will result in disqualification
				and the application for licensure will be denied.
(9) If the application for licensure is not
				approved or the license is forfeited pursuant to
				16-4-430(7),
				MCA, the next highest bidder will be notified in writing. The next highest
				bidder will have two weeks to submit an irrevocable letter of credit for their
				bid amount if the original letter of credit was cancelled. The next highest
				bidder shall comply with the requirements of (5) through (8) and
				16-4-430(4),
				MCA.
AUTH:
					 16-1-303,
					 16-4-105,
					 16-4-201,
					 16-4-204,
					 16-4-420,
					 MCA; IMP:
					 16-4-105,
					 16-4-201,
					 16-4-204,
					 16-4-420,
					 16-4-430,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.5 - Competitive Bidding Process for Retail Alcoholic Beverage Licenses › Rule 42.12.505 - DETERMINATION OF BOUNDARIES FOR THE LOCATION OF PREMISES

Current through Register Vol. 13, July 5, 2024
(1) The department shall separate two or more
				incorporated cities or incorporated towns, pursuant to
				16-4-105,
				16-4-201,
				and
				16-4-420,
				MCA, by using a pivotal straight line.
(2) The department shall make available maps
				of any incorporated cities or incorporated towns that were previously part of a
				combined quota area whose boundaries were separated pursuant to (1).
(3) Except as provided in
				16-4-105,
				16-4-201,
				and
				16-4-420,
				MCA, under no circumstance may a license, restricted by the quota limitations
				in
				16-4-105,
				16-4-201,
				or
				16-4-420,
				MCA, be located farther than:
(a) the county
				boundary within which the incorporated city or incorporated town is located;
				or
(b) the line that separates the
				incorporated city or incorporated town's boundary from another incorporated
				city or incorporated town as specified in (1).
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.1 - General Regulations › Rule 42.13.101 - COMPLIANCE WITH LAWS AND RULES

Current through Register Vol. 13, July 5, 2024
(1) All
				licensees, their agents, employees, and concessionaires must operate in
				compliance with the rules of other state and local agencies and abide by all:
(a) provisions of the laws of Montana and the
				United States related to alcoholic beverages;
(b) county and city or town ordinances
				related to alcoholic beverages;
(c)
				Indian alcoholic beverage laws applicable within the areas of Indian country,
				as defined by
				18 USC
				1151, provided a tribe having jurisdiction
				over such area of Indian country adopted an ordinance, certified by the
				Secretary of the Interior, and published in the Federal Register; and
(d) rules of the department relating to
				alcoholic beverages.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.1 - General Regulations › Rule 42.13.102 - RETENTION OF RECORDS

Current through Register Vol. 13, July 5, 2024
(1) All records may
				be inspected by the department in accordance with the provisions of ARM
				42.2.305.
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-1-303,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.1 - General Regulations › Rule 42.13.103 - DEPARTMENT EXAMINATIONS

Current through Register Vol. 13, July 5, 2024
(1) The department
				or its duly authorized representative has the right at any time to make an
				examination of any premises licensed for the sale of alcoholic beverages and to
				check the books, records, and stock-in-trade, and to make an inventory of the
				latter. The department or its authorized representative may immediately seize
				and remove any alcoholic beverage kept in violation of law.
(2) Any authorized representative designated
				in (3) shall have immediate access to all parts of the licensed premises.
				Except as provided in
				16-6-103,
				MCA, doors of licensed premises shall not be locked while persons other than
				the licensee or the licensee's employees are within or upon the licensed
				premises.
(3) The department
				designates as its authorized representative, for the purpose of carrying out
				16-6-103,
				MCA, any member of a county sheriff's department or the police force of a city
				or town, provided the police force is organized pursuant to Title 7, chapter
				32, part 41, MCA (metropolitan police law).
AUTH:
					 16-1-303, MCA;
					 IMP:
					 16-6-103,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.1 - General Regulations › Rule 42.13.104 - POSTING OF LICENSES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-4-104 and
					 16-4-204,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.1 - General Regulations › Rule 42.13.105 - APPLICABILITY OF LICENSES; PREMISES DEFINED; GOLF COURSE EXCEPTION; PORTABLE SATELLITE VEHICLE; MOVABLE DEVICES (Repealed)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-3-302,
					 16-3-311,
					 16-4-109,
					 16-4-404, and
					 16-6-104,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.1 - General Regulations › Rule 42.13.106 - ALTERATION OF PREMISES

Current through Register Vol. 13, July 5, 2024
(1) Any alteration
				to licensed premises, other than a cosmetic change, must be approved by the
				department.
(a) An alteration that increases
				the premises' square footage must receive preapproval.
(b) An alteration that does not increase the
				premises' square footage must be submitted within seven days from its
				commencement.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.1 - General Regulations › Rule 42.13.107 - NONUSE STATUS

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall grant nonuse status to a licensee who:
(a) is issued a license without an approved
				premises as provided in
				16-4-417,
				MCA; or
(b) is not operating a
				going establishment if the licensee submits a written verification documenting
				to the department's satisfaction how the nonuse is beyond the licensee's
				control and the request is received prior to exceeding 90 days of not operating
				a going establishment.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.1 - General Regulations › Rule 42.13.108 - LAPSE OF LICENSE FOR NONUSE

Current through Register Vol. 13, July 5, 2024
(1) A
				retail licensee shall operate the business as a going establishment unless the
				license has been approved for seasonal use pursuant to
				42.13.112 or approved for nonuse
				pursuant to ARM
				42.13.107.
(2) The department shall lapse a license
				based upon a licensee's failure to operate a going establishment for a period
				exceeding 90 consecutive days unless the license is approved for seasonal use
				or is granted nonuse status.
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-3-310,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.1 - General Regulations › Rule 42.13.109 - SEVEN-DAY CREDIT LIMITATION

Current through Register Vol. 13, July 5, 2024
(1) A
				brewery license, a beer wholesaler license, a winery license, or a table wine
				distributor license will be suspended or revoked or otherwise sanctioned under
				16-4-406, MCA, if credible
				evidence demonstrates that a licensee extended credit to a retail licensee for
				more than seven days.
(2) A
				retailer's license will be suspended or revoked or otherwise sanctioned under
				16-4-406, MCA, if credible
				evidence demonstrates that the retail licensee accepted credit extended by a
				brewer or a beer wholesaler for more than seven days for the purchase of
				beer.
(3) The first day of the
				seven-day credit period begins at 8:00 a.m. on the day after the
				delivery.
(4) Criteria which
				demonstrates credit has been extended are:
(a) wholesaler delivered product to
				retailer;
(b) retailer or
				wholesaler does not have documentation of payment;
(c) wholesaler has been without payment for
				more than seven days; and
(d)
				wholesaler does not have documentation of efforts to collect payment; or (e)
				(a), (b), (c), and the wholesaler has no documentation to show further product
				delivery was terminated.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.1 - General Regulations › Rule 42.13.110 - CLOSING HOURS DUE TO CHANGE TO OR FROM DAYLIGHT SAVINGS TIME

Current through Register Vol. 13, July 5, 2024
(1) Hours of operation change twice yearly
				due to daylight savings time. The change in time will occur at 2:00 a.m.,
				therefore:
(a) in the fall the establishment
				must close at 2:00 a.m. and then set the clock back to 1:00 a.m.; and
(b) in the spring the establishment must
				close at 2:00 a.m. and then set the clock forward to 3:00 a.m.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.1 - General Regulations › Rule 42.13.111 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply to this chapter:
(1) "Alteration" means a structural change or
				a modification to the premises other than a cosmetic change. Examples include
				adding a patio or removing a half wall.
(2) "Building" means an enclosed structure
				with external walls and a roof. Separate structures or structures connected by
				skyways are not considered one building for licensing purposes.
(3) "Contiguous" means touching or sharing a
				common border.
(4) "Contract
				packaging" means blending, bottling, packing, and/or filling of a distilled
				spirits product by a domestic distilled spirits plant for another distilled
				spirits plant.
(5) "Cosmetic
				change" means a nonstructural change to the premises. Examples include
				painting, carpeting, and other interior decorating.
(6) "Coupons" are certificates or tickets
				entitling the holder to a specified right, as redemption for cash or gifts or
				reduced purchase price.
(7)
				"Distilled at the microdistillery" means the process of vaporization and
				subsequent condensation of a beverage containing ethyl alcohol that occurs at
				the licensed premises.
(8)
				"Distilled spirits" means alcoholic beverages that contain ethyl alcohol and
				generally are the result of distillation of fermented materials. Examples
				include whiskey, gin, vodka, cordials, liqueurs, and flavored brandies.
				Distilled spirits do not include alcoholic beverages that are defined as beer
				or wine by the Montana Alcoholic Beverage Code.
(9) "Distilled spirits plant" means a plant
				at which distilled spirits are manufactured, produced, aged, stored, packaged,
				or bottled.
(10) "Drink preparation
				area" means the bar area on the premises where alcoholic beverages are stored
				and prepared for on-premises consumption and from which alcoholic beverages may
				be sold for off-premises consumption.
(11) "Flavors and nonbeverage ingredients
				containing alcohol" means any intermediate product containing alcohol that is
				used in the production of beer.
(12) "Floor plan" means a diagram with
				measurements of the premises as seen from above.
(13) "Fortified wine" means wine that
				contains more than 16 percent, but not more than 24 percent, of alcohol by
				volume. Fortified wine constitutes liquor for distribution purposes.
(14) "Going establishment" means a business
				that:
(a) is open at least 20 hours per week
				for any four weeks in a 90-day period;
(b) maintains an inventory of at least ten
				cases of alcoholic beverages for each day that the establishment is open;
				and
(c) sells or provides a minimum
				of $50, calculated at cost, of alcoholic beverages each week the establishment
				is open.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.1 - General Regulations › Rule 42.13.112 - SEASONAL BUSINESS

Current through Register Vol. 13, July 5, 2024
(1) The department
				may approve a license for use in a seasonal business to enable closures
				exceeding 90 consecutive days.
(2)
				To request approval, the licensee shall submit a written request that includes
				the:
(a) type of seasonal business;
(b) justification for operating
				seasonally; and
(c) general dates
				of operation.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.2 - Labeling and Advertising › Rule 42.13.201 - LABELING AND PACKAGING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) As a
				condition of holding a retail license, no retail licensee shall sell, offer for
				sale, or provide any beer, wine, or hard cider unless the label and primary
				packaging are in conformity with this rule and ARM
				42.13.221.
(2) Alcoholic beverage products
				are a mature product category, restricted by law to only consumers age 21 and
				older and who are not intoxicated, and therefore should be marketed in a
				responsible and appropriate manner. The department, in its discretion and on a
				case-by-case basis, will not approve a beer, wine, or hard cider label or
				primary package that:
(a) blurs the
				distinction between an alcoholic and nonalcoholic product by utilizing labeling
				and/or primary packaging that emphasize features that are most commonly
				associated with nonalcoholic consumable products including, but not limited to:
(i) aerosol cans;
(ii) gelatin cups;
(iii) hollow candies; or
(iv) mason jars that contain fruit;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.2 - Labeling and Advertising › Rule 42.13.202 - DRAUGHT BEER AND WINE TAPS

Current through Register Vol. 13, July 5, 2024
(1) All taps or
				other devices used in the withdrawal of draught beer or wine from kegs for
				consumption on the premises of any retail licensee shall bear a prominent,
				easily readable label identifying the brand of beer or wine being
				served.
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-1-303,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.2 - Labeling and Advertising › Rule 42.13.203 - BEER LABEL APPROVALS

Current through Register Vol. 13, July 5, 2024
(1) Each product a
				brewer or beer importer desires to sell in the state of Montana must be
				approved by the department and conform to the provisions of ARM
				42.13.201.
(2) A brewer of malted beverages who has an
				annual nationwide production of less than 10,000 barrels is exempt from the
				requirements in (3).
(3) In order
				to consider the product for approval, the department must receive copies of:
(a) the primary packaging unless a
				traditional container is used. Traditional containers include aluminum cans,
				glass bottles, kegs, and boxes that are typically associated with alcoholic
				beverages. Any change to the primary packaging must be approved by the
				department prior to entering the Montana market if a nontraditional container
				is used; and
(b) the Certificate of
				Label Approval for products that are regulated by the Alcohol and Tobacco Tax
				and Trade Bureau (TTB). Any change to the label that requires approval from the
				TTB must be approved by the department prior to the product entering the
				Montana market; or
(c) the label
				for products that are regulated by the U.S. Food and Drug Administration. Any
				changes to the label must be approved by the department prior to entering the
				Montana market.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.2 - Labeling and Advertising › Rule 42.13.204 - WINE LABEL APPROVALS

Current through Register Vol. 13, July 5, 2024
(1) Each product a
				winery or wine importer desires to sell in the state of Montana must be
				approved by the department and conform to the provisions of ARM
				42.13.201.
(2) In order to consider the product for
				approval, the department must receive copies of:
(a) a picture of the primary packaging unless
				a traditional container is used. Traditional containers include aluminum cans,
				glass bottles, kegs, and boxes that are typically associated with alcoholic
				beverages. Any changes to the primary packaging must be approved by the
				department prior to entering the Montana market if a nontraditional container
				is used; and
(b) the Certificate of
				Label Approval from the Alcohol and Tobacco Tax and Trade Bureau for wine over
				7 percent alcohol by volume. Any changes to the label that require approval
				from the Alcohol and Tobacco Tax and Trade Bureau must be approved by the
				department prior to entering the Montana market; or
(c) the label, if the wine is less than 7
				percent alcohol by volume. Any changes to the label must be approved by the
				department prior to entering the Montana market.