Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.146 - RESTAURANT BEER AND WINE LICENSE - PREMISES SUITABILITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The department shall determine the
				suitability of the premises where a restaurant beer and 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 a restaurant beer and
				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, 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 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;
(h) the
				premises are not located where a local government ordinance prohibits the sale
				of alcoholic beverages;
(i) the
				type of business is readily determinable due to indoor and outdoor signage and
				the premises' general layout and atmosphere;
(j) alcoholic beverages are advertised and
				displayed as being available for purchase;
(k) 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;
(l) 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, service bars, dining room, kitchen, storage areas, patios/decks,
				perimeter barriers, drive-through windows, and permanent floor-to-ceiling walls
				required between the premises and another business;
(m) there is seating for patrons totaling not
				more than the seating capacity for which the premises are licensed;
(n) there is an interior service bar. The
				premises may have more than one service bar, including service bars on the
				patio/deck, 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,
				MCA;
(q) the physical layout and
				equipment utilized provide sufficient physical safeguards to prevent the
				self-service of alcoholic beverages at any service bar; and
(r) self-service devices and vending machines
				are not used to serve alcoholic beverages.