reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.111 - APPLICATION FEES AND PROCESSING FEES FOR OTHER REQUESTS

Current through Register Vol. 13, July 5, 2024
(1) The fees to be charged for processing
				applications or other requests and submissions are as follows:
(a) All-beverages license
				.........................................................................
				$400
(b) Beer importer's license
				......................................................................
				$200
(c) Beer wholesaler and table
				wine distributor license .......................... $200
(d) Beer wholesaler subwarehouse license
				........................................... $100
(e) Beer wholesaler license
				.....................................................................
				$200
(f) Brewer's license
				...................................................................................
				$200
(g) Brewery storage depot
				license ..........................................................
				$100
(h) Domestic distillery
				license ..................................................................
				$200
(i) Domestic distillery
				storage warehouse license ................................... $100
(j) Resort all-beverages license
				................................................................ $400
(k) Restaurant beer and wine license
				........................................................ $400
(l) Retail off-premises beer and table wine
				license ................................... $200
(m) Retail off-premises beer license
				.......................................................... $200
(n) Retail off-premises table wine license
				.................................................. $200
(o) Retail on-premises beer license with wine
				amendment ...................... $400
(p) Retail on-premises beer license
				............................................................ $400
(q) Sacramental wine license
				......................................................................
				$50
(r) Table wine distributor
				license .................................................................
				$200
(s) Table wine distributor
				subwarehouse license ....................................... $100
(t) Tour boat endorsement
				...........................................................................
				$100
(u) Winery license
				.........................................................................................
				$200
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.112 - ADDITIONAL FEE FOR CENSUS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-4-201 and
					 16-4-502,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.113 - LICENSE FEES FOR COMBINED POPULATION AREAS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-4-105,
					 16-4-201, and
					 16-4-501,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.114 - LICENSE FEES

Current through Register Vol. 13, July 5, 2024
(1) New licenses
				issued are assessed an annual license fee in accordance with
				16-4-501, MCA. All licenses must
				be renewed and the annual license fee paid on or before the due date of each
				year. A change in a license designation due to a change in quota area may
				affect the statutory license fee. Any change of license fee will be reflected
				on the next renewal application and the new fee will be due at the time of
				renewal.
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-4-201,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.115 - ASSESSMENT OF LICENSE RENEWAL LATE-PAYMENT FEE - GROUNDS FOR WAIVER

Current through Register Vol. 13, July 5, 2024
(1) The department will assess a license
				renewal late-payment fee in all cases where a licensee fails to pay the license
				renewal fee on or before the due date. The renewal application and fee are
				timely filed and paid if mailed in an envelope postmarked by the United States
				Postal Service on or before the due date. If the due date falls on a Saturday,
				Sunday, or state legal holiday, a postmark for the following business day or a
				payment received at the department on the following business day is
				timely.
(2) The department may
				waive a license renewal late-payment fee assessment upon receipt of a written
				request by the licensee. The request must state the reason for late payment and
				be supported by documentation. A waiver of the license renewal late-payment fee
				assessment shall be granted under the following conditions:
(a) a department error;
(b) the department mailed a license renewal
				notice less than two weeks prior to the due date;
(c) a delay in payment caused by the death or
				serious illness of the licensee;
(d) a United States Postal Service
				error;
(e) a renewal application
				and fee was erroneously mailed to the Internal Revenue Service or Alcohol and
				Tobacco Tax and Trade Bureau;
(f) a
				delay in payment due to bankruptcy or foreclosure action; or
(g) the late payment is the only late payment
				within the most recent five consecutive years or since the license was
				acquired, whichever is less, and payment was received at the department within
				30 days after the due date.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.116 - CONCURRENT APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) An application
				received for a premises for which an application is pending, as defined in
				16-4-412, MCA, shall be returned
				to the applicant with an explanation that the applicant cannot be considered
				because there is a previous application pending for the same
				premises.
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-4-412,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.117 - SUBSTANTIALLY DIFFERENT USE

Current through Register Vol. 13, July 5, 2024
(1) If an
				applicant has been denied a license under
				16-4-405, MCA, a new application
				cannot be considered for five years unless the department determines there has
				been a change great enough to be easily recognizable. The department will
				consider applications where the proposed use is noticeably and substantially
				different from the use that was previously rejected.
(a) The following examples constitute a
				substantially different use but are not all inclusive of the types of changes
				the department would consider:
(i) a
				situation where the new business operation has changed significantly enough to
				change the primary source of revenue generated by the business or the operation
				previously planned to be operated on the premises. Such a change would be where
				a business changed from primarily a casino/bar operation to a restaurant
				operation with all the necessary facilities to accommodate a restaurant setting
				and at least 65 percent of the gross revenue is from the sale of food;
				or
(ii) the zoning designation of
				the proposed location has changed by local government action.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.118 - ABBREVIATED APPLICATION FOR LICENSE MODIFICATION

Current through Register Vol. 13, July 5, 2024
(1) An abbreviated application may be used to
				modify a license as set forth in (2) and (3). The application process in ARM
				42.12.101
				shall be followed in all other cases.
(2) Licensees must submit an abbreviated
				application within 90 days of:
(a) removing
				an existing, previously qualified owner, member, partner, or shareholder from
				the license without the exchange of funds;
(b) adding an individual or entity as a less
				than 15 percent owner; or
(c)
				changing the entity type of the licensee if the existing owners and ownership
				percentages do not change.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.121 - PROCESSING OF APPLICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Title 16,
					 chapter 4, MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.122 - SUITABILITY OF LICENSED PREMISES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA IMP:
					 16-3-311,
					 16-4-402,
					 16-4-405,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.123 - CONDUCT OF OTHER ACTIVITIES ON PREMISES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-1-303 and
					 16-4-402,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.124 - REJECTION OF APPLICATION BECAUSE OF NUMBER OF EXISTING LICENSES

Current through Register Vol. 13, July 5, 2024
(1) Applicants shall be notified that the
				issuance of a new license or transfer will not be allowed by the department
				when:
(a) the number of licenses of each type
				already issued for the quota area is equal to or exceeds the limitations
				specified in
				16-4-105,
				16-4-201,
				and
				16-4-420,
				MCA; or
(b) the transfer of an
				on-premises consumption alcoholic beverages license under these circumstances
				could not be approved under the requirements of the law.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.125 - COMBINED AREA QUOTAS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA
					 IMP:
					 16-4-105,
					 16-4-201,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.126 - OFF-PREMISES SALE OF BEER OR TABLE WINE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA IMP:
					 16-4-115,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.127 - WINE LICENSE AMENDMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-4-105,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.128 - CATERING ENDORSEMENT; CATERED EVENTS; EVENT BARRIERS

Current through Register Vol. 13, July 5, 2024
(1) Any licensee having obtained a catering
				endorsement under the provisions of
				16-4-111
				or
				16-4-204,
				MCA, is authorized to sell alcoholic beverages authorized under the license to
				persons attending a catered event sponsored by someone other than the licensee
				and at a location not otherwise licensed or operating under a special permit.
(2) Prior to selling or serving
				alcoholic beverages at the catered event, the licensee shall:
(a) have an executed written agreement with
				the event's sponsor;
(b) notify the
				local law enforcement agency that has jurisdiction over the area where the
				catered event will be held using a form provided by the department;
(c) pay the local law enforcement agency a
				$35 fee, as provided in
				16-4-111
				and
				16-4-204,
				MCA; and
(d) ensure compliance with
				the alcoholic beverages sales restrictions provided in
				16-3-306,
				MCA.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.129 - DETERMINATION OF PROXIMITY TO PLACE OF WORSHIP OR SCHOOL

Current through Register Vol. 13, July 5, 2024
(1) In order to apply the provisions of
				16-3-306, MCA, the department must
				find:
(a) the entrance doors of the premises
				proposed for licensing and the entrance doors of the place of worship or school
				are situated on the same street; and
(b) the physical address of the premises
				proposed for licensing is designated as the same street as the physical address
				of the place of worship or school; and
(c) the distance, measured in a straight
				line, from the entrance doors of the business proposed for licensing and the
				entrance doors of the place of worship or school is 600 feet or less.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.130 - DETERMINATION OF LICENSE QUOTA AREAS

Current through Register Vol. 13, July 5, 2024
(1) Any
				applicant applying to the department for a new license or transfer of location
				of an existing license under the quota limitations provided for under
				16-4-105,
				16-4-201,
				and
				16-4-420,
				MCA, must submit to the department the legal description or street address of
				the proposed premises.
(2) If the
				department determines the proposed premises are in close proximity to a quota
				area boundary line, the department may request the applicant complete and
				submit a survey affidavit form, provided by the department, from the local
				county or city surveyor or a private licensed land surveyor attesting to the
				location of the proposed premises. Any cost in obtaining the completed survey
				affidavit shall be paid by the applicant.
AUTH:
					 16-1-303,
					 16-4-105,
					 16-4-420,
					 MCA; IMP:
					 16-4-105,
					 16-4-201,
					 16-4-420,
					 16-4-501,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.131 - APPLICATIONS FOR LICENSES AVAILABLE IN QUOTA AREAS, AND APPLICATION PROCESSING TIMES

Current through Register Vol. 13, July 5, 2024
(1) When the
				department is not required to conduct a competitive bidding process for an
				available license in a quota area, applications will be processed on a
				first-come, first-served basis.
(2)
				The number of restaurant beer and wine licenses with a seating capacity of 101
				persons or more may not exceed 25 percent of the number of restaurant beer and
				wine licenses allowed in the quota area.
(3) As set forth in
				16-4-420,
				MCA, the department must make a decision either granting or denying a completed
				restaurant beer and wine license application within four months of receipt of
				the application. However, if the investigation into the application uncovers
				the necessity to analyze additional information not previously provided by the
				applicant, the four-month time period stops until the information is
				provided.
AUTH:
					 16-1-303,
					 16-4-105,
					 16-4-204,
					 16-4-420,
					 MCA; IMP:
					 16-4-105,
					 16-4-201,
					 16-4-204,
					 16-4-420,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.132 - LOCATION MANAGER

Current through Register Vol. 13, July 5, 2024
(1) All on-premises
				retailers, off-premises retailers, manufacturers, and distributors shall
				designate at least one location manager. If more than one person performs
				location manager duties, the licensee shall seek the department's approval for
				each. The licensee shall initially seek the department's approval of location
				managers on the license application. Following initial licensure, the licensee
				shall seek the department's approval of location manager as follows:
(a) if the location manager is not an owner
				vetted pursuant to
				16-4-401, MCA, within 30 days of
				the employee commencing location manager duties, the licensee shall submit the
				location manager application, the employee's personal history statement, two
				complete sets of the employee's fingerprint cards, and the fingerprint
				processing fee; or
(b) if the
				location manager is an owner vetted pursuant to
				16-4-401, MCA, on or before the
				deadline to renew the license in the year the owner commences location manager
				duties, the licensee shall submit the location manager application but does not
				need to resubmit the owner's personal history statement, two complete sets of
				the owner's fingerprint cards, or the fingerprint processing fee.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.133 - CONCESSION AGREEMENTS

Current through Register Vol. 13, July 5, 2024
(1) Concession
				agreements, authorized to the licensees specified under
				16-4-213(7)
				and
				16-4-418(1),
				MCA, are written agreements, which may be in the form of a standalone contract
				or a department-provided, standard agreement, that formalize how a licensee
				will extend its licensed premises into a concessionaire's business for the
				purpose of selling and serving the licensee's alcoholic beverages to the
				concessionaire's customers provided the suitability requirements in ARM
				42.12.145
				are met.
(2) All new, proposed
				concession agreements must be submitted to the department for review and
				approval prior to their execution or effective date and must be accompanied by
				the following:
(a) a completed concession
				agreement request form provided by the department, the application fee provided
				in
				16-4-418,
				MCA, and the processing fee described in ARM
				42.12.111;
(b) a copy of the proposed floor
				plan;
(c) any additional
				documentation the department deems reasonably necessary to approve the
				concession arrangement; and
(d) a
				completed alteration request form if the addition of the concessionaire's area
				will change the licensee's current floor plan that is on file with the
				department.
(e) The alteration
				request requirement in (d) does not apply to a new, proposed concession
				agreement when it is included in a license application submitted by an
				applicant pursuant to
				16-4-402,
				MCA, and ARM
				42.12.101.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.134 - CONDITIONS AND QUALIFICATIONS SPECIFIC FOR AN ALL-BEVERAGES LICENSE

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA; IMP:
					 16-3-301,
					 16-3-303,
					 16-3-304,
					 16-3-305,
					 16-3-311,
					 16-4-405,
					 16-6-303,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.135 - CONDITIONS AND QUALIFICATIONS SPECIFIC FOR A RESTAURANT BEER AND WINE LICENSE

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA; IMP:
					 16-3-301,
					 16-3-305,
					 16-3-311,
					 16-4-405,
					 16-4-420,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.136 - CONDITIONS AND QUALIFICATIONS SPECIFIC FOR A BEER LICENSE AND A BEER LICENSE WITH WINE AMENDMENT FOR ON-PREMISES CONSUMPTION

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA; IMP:
					 16-3-301,
					 16-3-303,
					 16-3-304,
					 16-3-305,
					 16-3-311,
					 16-3-411,
					 16-4-104,
					 16-4-105,
					 16-4-405,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.137 - CONDITIONS AND QUALIFICATIONS SPECIFIC FOR AN OFF-PREMISES BEER LICENSE AND/OR WINE LICENSE

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA; IMP:
					 16-3-301,
					 16-3-304,
					 16-3-305,
					 16-4-115,
					 16-4-402,
					 16-4-405,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.138 - CONDITIONS AND QUALIFICATIONS SPECIFIC FOR A BEER WHOLESALER AND/OR TABLE WINE DISTRIBUTOR LICENSE AND SUBWAREHOUSES

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA; IMP:
					 16-3-212,
					 16-3-231,
					 16-3-232,
					 16-3-242,
					 16-3-301,
					 16-3-404,
					 16-3-406,
					 16-4-103,
					 16-4-106,
					 16-4-108,
					 16-4-402,
					 16-4-415,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.139 - CONDITIONS AND QUALIFICATIONS SPECIFIC FOR A MANUFACTURER OF BEER, WINE, OR DISTILLED SPIRITS LICENSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA IMP:
					 16-3-213,
					 16-3-214,
					 16-3-411,
					 16-4-102,
					 16-4-311,
					 16-4-312,
					 16-4-402,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.141 - LICENSED ENTITIES

Current through Register Vol. 13, July 5, 2024
(1) No alcoholic
				beverages license shall be issued to an entity unless the entity has been
				authorized to do business in Montana prior to making application for an
				alcoholic beverages license.
(2) An
				entity's application must be accompanied by the following, as issued within the
				last six months by the Montana Secretary of State:
(a) articles of incorporation or
				organization, or a certificate of existence for corporations and limited
				liability companies; or
(b) a
				certificate of fact or application as filed with the Secretary of State for all
				other types of entities.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.142 - CHANGE IN CORPORATE STRUCTURE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-4-205 and
					 16-4-401,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.143 - RESTRICTION ON INTEREST IN OTHER LICENSES

Current through Register Vol. 13, July 5, 2024
(1)
				For purposes of this rule, any ownership interest in a business that operates a
				license issued under the Montana Alcoholic Beverage Code is considered to be an
				ownership interest in the license itself.
(2) A Montana all-beverages licensee may not:
(a) possess a financial or ownership interest
				in:
(i) a Montana agency liquor
				store;
(ii) more than two
				additional Montana all-beverages licenses, for an aggregate number of three
				licenses, except as provided in
				16-4-205,
				MCA; or
(iii) more than half the
				total number of Montana all-beverages licenses in any quota area described in
				16-4-201,
				MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.144 - TRANSFERS BETWEEN QUOTA AREAS - PROCEDURES AND DOCUMENTATION

Current through Register Vol. 13, July 5, 2024
(1) An applicant applying to the department
				to transfer an all-beverages license under the provisions of
				16-4-204,
				MCA, may negotiate a bona fide sale with the owner of a license, located in a
				quota area from which that license may be transferred, to purchase a license
				and, if no competitive bidding is required, shall submit;
(a) an application for transfer of ownership
				and location in compliance with ARM
				42.12.209
				and
				42.12.210;
(b) documents required for the
				application pursuant to ARM
				42.12.101
				to be considered a complete application as defined in ARM
				42.12.106;
(c) a request for termination of existing
				secured parties' interest, if applicable;
(d) other documents which may be needed or
				specified on the application form or during the license investigation process;
				and
(e) other documents deemed
				necessary by the department or hearing examiner to reach a final
				decision.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.148 - BEER WHOLESALER AND TABLE WINE DISTRIBUTOR - PREMISES SUITABILITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall determine the suitability of the premises of the principal place of
				business and any subwarehouse where a beer wholesaler and table wine
				distributor propose 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 beer wholesaler and
				table wine distributor 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) building, health, and
				fire code approval is obtained;
(f)
				the premises are located in one building or a specific portion of one building.
				The interior portion 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. 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 in the permanent floor-to-ceiling wall may be allowed only upon
				department approval;
(g) the floor
				plan accurately states the dimensions of the premises, includes the entity
				name, alcoholic beverage license number, physical address, and date and
				identifies any permanent floor-to-ceiling wall required between the premises
				and another licensed alcoholic beverage business;
(h) the premises include sufficient space for
				the storage and distribution of beer and/or table wine in large
				quantities;
(i) there is interior
				access to any interior portion of the premises; and
(j) all storage areas are located in the
				interior portion of the premises.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.149 - WINERY, BREWERY, AND DISTILLERY - PREMISES SUITABILITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The department shall determine the
				suitability of the premises where an alcoholic beverage manufacturer 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 manufacturer 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 on the premises,
				except as authorized under an approved alternating proprietor
				arrangement;
(d) the premises are
				identified by a unique address;
(e)
				building, health, and fire code approval is obtained;
(f) 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. 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, except as provided in
				16-3-311(8)
				and (9), MCA. 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, except as provided in
				16-3-311(8)
				and (9), MCA. Additional lockable doors in
				the permanent floor-to-ceiling wall may be allowed only upon department
				approval;
(g) 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 manufacturing areas, storage areas, sample room, drink
				preparation areas, patios/decks, perimeter barriers, drive-through windows, and
				permanent floor-to-ceiling walls required between the premises and another
				licensed alcoholic beverage business, except as provided in
				16-3-311(8)
				and (9), MCA;
(h) there is interior access to any interior
				portion of the premises;
(i) all
				storage areas are located in the interior portion of the premises;
(j) access by unauthorized persons to
				manufacturing areas is restricted; and
(k) it is readily determinable that a
				manufacturer operates at the premises due to outdoor signage and the existence
				of the equipment necessary to undertake the activities for which the premises
				are licensed.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.150 - ALCOHOLIC BEVERAGE INDUSTRY TRADE SHOWS

Current through Register Vol. 13, July 5, 2024
(1) An all-beverage licensee or on-premises
				consumption beer licensee may host an industry trade show at the licensee's
				licensed premises or may cater an industry trade show pursuant to ARM
				42.12.128.
				Alcoholic beverages provided at an industry trade show are limited by the
				hosting or catering licensee's type of license.
(2) For the purpose of this rule, an industry
				trade show means an event sponsored by a nonprofit association representing an
				alcoholic beverage industry, and where alcoholic beverages are provided to
				attendees for promotional purposes. An industry trade show shall not be open to
				the public. A nonprofit association may not sponsor more than two industry
				trade shows per year.
(3) All
				attendees of an industry trade show must be admitted by the event sponsor and
				must be a licensee, a person employed in the alcoholic beverage industry or a
				related industry, or are a family member or partner of such persons and may
				include public officers, candidates for public office, and public employees
				involved in the alcoholic beverage industry. A related industry includes but is
				not limited to gambling, food preparation, and other professional services
				provided to alcoholic beverages licensees.
(4) A vendor, as defined in ARM
				42.11.105,
				with a current vendor permit, as provided in ARM
				42.11.213, may
				request a trade show case from the department for use at an industry trade
				show. A trade show case means a case of product used by a registered vendor
				representative for promoting a vendor's products to attendees of an industry
				trade show. A product that has not been approved by the department may not be
				included in a trade show case. For the purposes of this rule, product means a
				liquor item identified by a unique identification number or stock-keeping unit.
(a) Except as provided in
				16-4-311, MCA,
				the vendor must ship the trade show case to the state liquor warehouse at no
				charge to the department.
(b) In
				order for an industry trade show case to be removed from bailment at the state
				liquor warehouse, a vendor must submit a request electronically on a form
				provided by the department at least seven days prior to the requested ship date
				to the agency liquor store.
(c) A
				trade show case must be purchased by a registered vendor representative, as
				defined in ARM
				42.11.211,
				from an agency liquor store at a cost of $12.00 per case.
(d) A vendor is limited to providing a
				maximum of nine thousand milliliters of each product per industry trade
				show.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.152 - NONCONTIGUOUS ALCOHOLIC BEVERAGE STORAGE AREAS; RESORT ALTERNATE RETAIL ALCOHOLIC BEVERAGE STORAGE FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) The use
				of a noncontiguous alcoholic beverage storage area by a retail licensee is
				permissible, as provided in
				16-3-311,
				MCA.
(2) The use of a resort
				alternate alcoholic beverage storage facility is permissible, as provided in
				16-4-213,
				MCA.
(3) A noncontiguous alcoholic
				beverage storage area or resort alternate alcoholic beverage storage facility
				must only be used for the storage of alcoholic beverages and must have adequate
				physical safeguards to prevent access by individuals other than the licensee or
				their employees.
(4) A licensee
				must submit the following to the department via its online licensing portal for
				approval of either a noncontiguous alcoholic beverage storage area or resort
				alternate alcoholic beverage storage facility:
(a) a completed noncontiguous alcoholic
				beverage storage area or resort alternate alcoholic beverage storage facility
				request form, as applicable;
(b)
				the application fee provided in
				16-3-311
				or
				16-4-213,
				MCA;
(c) a copy of the floor plan
				for a noncontiguous alcoholic beverage storage area or the resort site plan and
				floor plan for a resort alternate alcoholic beverage storage
				facility;
(d) documentation of the
				licensee's possessory interest in the noncontiguous alcoholic beverage storage
				area or resort alternate alcoholic beverage storage facility;
(e) documentation demonstrating that a
				noncontiguous alcoholic beverage storage area or resort alternate alcoholic
				beverage storage facility meets the requirements of
				16-3-311
				and
				16-4-213,
				MCA, as applicable, and (3);
(f)
				evidence of approvals from state or local officials that the premises meet
				building, health, and fire code requirements, as required by state or local
				law; and
(g) any additional
				documentation the department deems reasonably necessary in order to approve the
				licensee's request.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.2 - License Transfer, Suspension, and Revocation › Rule 42.12.201 - ASSIGNMENT OR TRANSFER OF LICENSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-4-204,
					 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 42.12.202 - TRANSFERS WITHIN COMBINED AREAS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA
					 IMP:
					 16-4-105,
					 16-4-201,
					 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 42.12.203 - INTER-QUOTA AREA TRANSFERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-4-201,
					 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 42.12.204 - TREATMENT OF LICENSE OF DECEASED LICENSEE

Current through Register Vol. 13, July 5, 2024
(1)
				Alcoholic beverages licenses may be transferred to the personal representative
				of the estate of any deceased licensee in accordance with appropriate probate
				proceedings. In all such cases a certified copy of the death certificate or of
				administration must be filed with the department. A certified copy of the
				decree of distribution or order of settlement affecting the license and
				confirming the transfer of the license must also be filed with the department
				in connection with the transfer of the license to the distributee or purchaser.
				The distributee or purchaser of an alcoholic beverages license must comply with
				all licensing criteria before the transfer of the license will be approved by
				the department.
(2) If an alcoholic
				beverages license is owned by joint tenants with right of survivorship, it may
				be reissued in the name of the surviving joint tenant or tenants, upon
				presentation of proof of death of the decedent joint tenant or tenants. In all
				other cases, upon the death of a licensee it is necessary to apply for transfer
				of ownership of the license as provided by
				16-4-204 and
				16-4-404, MCA.
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-4-204,
					 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 42.12.206 - PROHIBITION AND EXCEPTION REGARDING LEASING OF LICENSE

Current through Register Vol. 13, July 5, 2024
(1) A license issued under the provisions of
				Title 16, chapter 4, parts 1 through 5, MCA, is a privilege personal to the
				licensee, and in no case shall the licensee lease the license to any other
				person.
(2) Golf course beer and
				wine licenses owned by the state, a unit of the university system, or a local
				government, fairground complex beer and wine licenses owned by a political
				subdivision of the state, and airport all-beverages licenses are exempt from
				this rule.
(3) The lessee of the
				licenses in (2) are required to qualify under
				16-4-401, MCA.
16-1-303, MCA; IMP,
					 16-4-109,
					 16-4-208,
					 16-4-306,
					 16-4-401,
					 16-4-404,
					 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 42.12.207 - APPLICATION APPROVED SUBJECT TO FINAL INSPECTION OF PREMISES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA;
					 IMP:
					 16-4-104,
					 16-4-106,
					 16-4-201,
					 16-4-402,
					 16-4-404,
					 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 42.12.208 - TEMPORARY OPERATING AUTHORITY

Current through Register Vol. 13, July 5, 2024
(1) The
				department may grant an applicant temporary operating authority, as provided in
				16-4-404,
				MCA, only for the transfer of ownership of a license. The applicant must submit
				an application meeting the requirements of ARM
				42.12.101
				and intend to operate the licensed business pending final approval. The
				department may not grant temporary operating authority on an application for an
				original license or when there is a proposed change of location.
(2) The granting of temporary operating
				authority is neither a temporary license nor a permit. It does not constitute a
				transfer of ownership, nor does it guarantee that the department will grant the
				application if it finds, subsequent to receipt of a complete investigation
				report, that the applicant is not qualified to hold a license or the premises
				are not suitable for the operation of the business.
(3) Temporary operating authority will be
				issued for a 45-day period. If the application is not approved within this
				period, the department shall extend temporary operating authority for another
				45-day period only upon determining that the cause of the delay was not
				attributable to the applicant. The department shall notify the applicant if it
				requires additional information to make this determination and the applicant
				shall have seven days to submit written verification documenting to the
				department's satisfaction how the delay was beyond the applicant's control. The
				department shall notify applicants whether temporary operating authority is
				extended beyond the initial 45-day window.
(4) The recorded owner of the license must
				resume operation of the business conducted under the license in cases where the
				temporary operating authority has expired and cannot be extended.
(5) Temporary operating authority will be
				immediately revoked if the applicant to whom temporary operating authority was
				granted, or the applicant's employees, violate any provisions of Title 16, MCA,
				or department rules. Such violations may affect the final decision of the
				department.
(6) Any proposed fine,
				suspension, or revocation arising out of a violation will be assessed against,
				and is the responsibility of, the recorded owner of the license.
AUTH:
					 16-1-303, MCA;
					 IMP:
					 16-4-404,
					 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 42.12.209 - TRANSFER OF A LICENSE TO ANOTHER PERSON

Current through Register Vol. 13, July 5, 2024
(1)
				An ownership interest may be transferred to another qualified person only
				pursuant to means legally authorized for the transfer of personal property in
				Montana, such as when the person:
(a) is a
				purchaser upon a bona fide sale;
(b) is the personal representative of the
				estate of a deceased licensee;
(c)
				has a security interest in a license being foreclosed;
(d) is gifted the license and the donor
				completely transfers ownership interest, as provided in Title 70, chapter 3,
				part 1, MCA; or
(e) is appointed
				receiver under the license receivership.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.2 - License Transfer, Suspension, and Revocation › Rule 42.12.210 - COMPLETED TRANSACTIONS UNDER BONA FIDE SALES

Current through Register Vol. 13, July 5, 2024
(1) A transaction under a bona fide sale is
				complete only if the department receives an application for a license submitted
				pursuant to ARM
				42.12.101, and the department
				approves the application pursuant to
				16-4-402, MCA, and this
				rule.
(2) An application will not
				be approved if the sale transaction:
(a)
				provides for a person other than the applicant to have an option to purchase
				the license;
(b) involves an escrow
				agent, unless the parties are required to report to the department all changes
				or assignments to the original escrow agreement within 30 days of the
				change;
(c) involves a loan from a
				noninstitutional lender or a loan guarantor, unless the loan from a
				noninstitutional lender has been approved in writing by the department, but
				this does not preclude a qualified owner of a license from lending money to the
				business operated under the license or from individually guaranteeing a debt
				incurred by the business operated under the license;
(d) involves a lessor of the licensed
				premises who is not qualified to own the license being applied for, unless the
				department approves in writing;
(e)
				involves an applicant who is or will be the manager of an associated business
				if the associated business is owned or controlled by a person who is not
				qualified to own the license being applied for, unless the department approves
				in writing; or
(f) involves any
				business relationship, with respect to the proposed alcoholic beverages
				business, with a person who is not qualified to own the license being applied
				for, unless the department approves in writing.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.2 - License Transfer, Suspension, and Revocation › Rule 42.12.211 - TRANSFER OF A LICENSE DUE TO FORECLOSURE

Current through Register Vol. 13, July 5, 2024
(1)
				A transfer of a license resulting from a foreclosure on a security interest
				requires an application to transfer the license to the secured party, if the
				secured party intends to operate the license, pursuant to ARM
				42.12.101. This transfer is
				subject to the department's approval of the application pursuant to
				16-4-402, MCA, and this
				rule.
(2) A transfer of a license
				resulting from a foreclosure on a security interest requires the filing of
				documents evidencing the foreclosure if the secured party does not intend to
				operate or does not meet the requirements to hold the license pursuant to
				16-4-401 and
				16-4-801, MCA. The documents must
				include either the defaulting party's written acknowledgment of default,
				evidence that a nonjudicial sale by the secured party has been made pursuant to
				the Uniform Commercial Code, or a court order foreclosing the defaulting
				party's interests in the license. Based on the foreclosure documents, the
				transfer may be approved pursuant to ARM
				42.12.205. A foreclosing secured
				party may retain ownership of the transferred license in nonuse status for a
				period of no more than 180 days, and may, upon showing of good cause, receive
				one extension of 180 days. If the license has not transferred to a qualified
				purchaser within the time allowed, the license will be revoked.
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-4-401,
					 16-4-402,
					 16-4-404, and
					 16-4-801,
					 MCA;