reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.1 - General Provisions › Rule 42.11.105 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply to subchapters 1, 2, and
				  4:
(1) "Bailment" means the product at
				the state liquor warehouse that is owned by the vendor.
(2) "Consumer advertising specialties" are
				items designed to be carried away by the consumer, including trading stamps,
				nonalcoholic mixers, pouring racks, ashtrays, bottle openers, cork screws,
				shopping bags, matches, pamphlets, pencils, shirts, caps, and visors.
(3) "Discontinued product" means a
				product that is no longer available to the state.
(4) "Point-of-sale advertising materials" are
				items designed to be used within a retail establishment to attract consumer
				attention to the product, including posters, placards, designs, inside signs,
				window decorations, trays, coasters, mats, menu cards, meal checks, paper
				napkins, foam scrapers, back bar mats, thermometers, clocks, calendars, and
				alcoholic beverage menus.
(5)
				"Primary packaging" means the container that holds the alcoholic beverage,
				including aluminum cans, glass bottles, and a box containing a plastic bladder
				or other soft flexible container.
(6) "Product" means a liquor item, identified
				by a unique identification number or stock-keeping unit.
(7) "Promote" means to undertake efforts with
				the intention of increasing sales or public awareness of a product or
				distiller, including soliciting product orders from agency liquor store agents
				and retail licensees, disseminating product information or promotional
				materials, and distributing product samples.
(8) "Registered vendor representative" means
				an individual registered, as provided by these rules, to promote a vendor's
				product in Montana.
(9) "Regular
				product" means product that:
(a) is among the
				highest-selling 1,300 products in the state based on case sales in the 12-month
				period prior to the department's quarterly review where sales are not erratic
				or based upon closeout or overstock;
(b) is available year-round; and
(c) has been in the state for at least six
				months prior to the review.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.1 - General Provisions › Rule 42.11.106 - REDUCTION IN STATE MARKUP FOR DISTILLERIES AT OR BELOW 25,000 PROOF GALLONS

Current through Register Vol. 13, July 5, 2024
(1) For purposes of applying
				16-2-211,
				MCA, a reduced markup rate of 20 percent will be applied to all liquor products
				acquired from a distillery that manufactures, distills, rectifies, bottles, or
				processes 25,000 proof gallons or less of liquor nationwide annually.
(2) The 20 percent reduced markup
				rate is determined using a 100 percent reduction in markup after agency liquor
				store commissions and the costs to operate the state liquor warehouse have been
				accounted for. These costs account for approximately half of the standard
				markup normally collected on product sold by the department. The department
				will annually review the associated agency liquor store commissions and the
				costs to operate the state liquor warehouse to ensure these costs do not exceed
				the reduced markup. The department will publish any adjustments to the reduced
				markup based on the results of the annual review.
(3) A distillery requesting a reduction in
				the state markup must certify with a sworn statement, on a form supplied by the
				department, that the number of proof gallons they have manufactured, distilled,
				rectified, bottled, or processed nationwide annually is at or below the 25,000
				proof gallon threshold.
A distillery requesting a reduced markup rate must submit
				  this form and meet the specified requirements at the time of initially
				  registering with the department and by February 15 of each of the following
				  calendar years in order to receive the reduced markup rate.
(4) Failure to submit the form described in
				(3) to the department each year by February 15 will result in a 40.5 percent
				markup rate for liquor products, 20 percent for sacramental wine products, and
				51 percent for fortified wine products. The effective date of any changes in a
				distillery's markup rate will coincide with the publication date of the next
				quarterly price book.
(5) Each new
				liquor product a vendor introduces will be assigned the distillery's current
				applicable markup rate.
(6) The
				department may request and examine any distillery's books and records for the
				purpose of determining the accuracy of the total number of proof gallons
				reported by the distillery.
(7)
				For the purpose of this rule, a distillery is considered a vendor.
AUTH:
					 16-1-303, MCA;
					 IMP:
					 16-2-211,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.1 - General Provisions › Rule 42.11.111 - STATE STAMP (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-2-102 and
					 16-3-102,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.1 - General Provisions › Rule 42.11.112 - DIVISION SHIPMENT ORDERS - EXCEPTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-1-302,
					 16-1-303, and
					 16-1-304,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.1 - General Provisions › Rule 42.11.113 - SHIPPING LABELS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-1-302 and
					 16-1-303,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.1 - General Provisions › Rule 42.11.114 - SHIPPING REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-1-302 and
					 16-1-303,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.2 - Liquor Vendors › Rule 42.11.201 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
16-1-103,
					 16-1-303, MCA; IMP,
					 16-3-103,
					 16-3-107,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.2 - Liquor Vendors › Rule 42.11.205 - VENDORS' EMPLOYMENT OF REPRESENTATIVES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-103 and
					 16-1-303, MCA; IMP, Sec.
					 16-3-103 and
					 16-3-107,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.2 - Liquor Vendors › Rule 42.11.211 - VENDOR REPRESENTATIVES

Current through Register Vol. 13, July 5, 2024
(1) A vendor
				seeking to promote product must do so through registered vendor
				representatives. A vendor is not required to register individuals who only
				promote product at the distiller's licensed premises. The vendor must also
				obtain a vendor permit pursuant to ARM
				42.11.213.
(2) An electronic application and the
				registration fee must be submitted for each applicant seeking to represent a
				vendor.
(3) The department shall
				approve an application upon determining that the applicant:
(a) possesses no ownership interest in any
				Montana alcoholic beverage retail license or an agency liquor store;
(b) is 21 years of age or older;
				and
(c) is a resident of
				Montana.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.2 - Liquor Vendors › Rule 42.11.212 - RESTRICTION ON NUMBER OF REPRESENTATIVES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-103 and
					 16-1-303, MCA; IMP, Sec.
					 16-3-103 and
					 16-3-107,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.2 - Liquor Vendors › Rule 42.11.213 - VENDOR PERMIT

Current through Register Vol. 13, July 5, 2024
(1) A vendor
				seeking to promote the sale of its liquor in Montana shall obtain a vendor
				permit from the department and employ at least one representative pursuant to
				ARM 42.11.211.
(2) An applicant for a vendor permit must
				submit an electronic application and the vendor permit fee.
(3) The department shall deny an application
				upon determining that the applicant possesses an ownership interest in any
				Montana alcoholic beverage retail license or state agency liquor
				store.
(4) A vendor permit is
				effective upon the department's approval of the application. All vendor permits
				expire on September 30 of each year.
(5) A vendor seeking renewal of its vendor
				permit shall submit an electronic renewal application and the vendor permit fee
				on or before September 1 of each year.
(6) The annual vendor permit fee is based
				upon the total number of cases the vendor sold to the department during the
				preceding fiscal year (July 1 to June 30) as follows:
(a) 0-24 cases = no charge;
(b) 25-100 cases = $100;
(c) 101-1,000 cases = $200;
(d) 1,001 - 2,000 cases = $300; and
(e) 2,001 or more cases = $400.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.2 - Liquor Vendors › Rule 42.11.214 - PERMIT AND REGISTRATION FEES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-3-103,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.2 - Liquor Vendors › Rule 42.11.215 - EXPIRATION AND RENEWAL OF REGISTRATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-3-103,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.2 - Liquor Vendors › Rule 42.11.216 - REFUSAL OF REGISTRATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-3-103,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.2 - Liquor Vendors › Rule 42.11.217 - CANCELLATION OF REGISTRATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-103 and
					 16-1-303, MCA; IMP, Sec.
					 16-3-107,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.2 - Liquor Vendors › Rule 42.11.231 - VENDOR IDENTIFICATION CARDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-3-103,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.2 - Liquor Vendors › Rule 42.11.232 - REPRESENTATIVE IDENTIFICATION CARDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-3-103,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.2 - Liquor Vendors › Rule 42.11.241 - PRIVILEGES OF REGISTERED AGENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-3-103,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.2 - Liquor Vendors › Rule 42.11.242 - INFORMATION ON STATE LIQUOR STORE INVENTORIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-3-103,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.2 - Liquor Vendors › Rule 42.11.243 - SAMPLES

Current through Register Vol. 13, July 5, 2024
(1) The
				distribution of samples in Montana may only be conducted as follows:
(a) the vendor must hold a current vendor
				permit as required under ARM
				42.11.213;
(b) the vendor representative must be
				registered as required under ARM
				42.11.211;
(c) except as provided for in
				16-4-311, MCA, the vendor must
				ship the samples to the state liquor warehouse at no charge to the
				department;
(d) an agency liquor
				store may only sell samples to a registered vendor representative and the cost
				shall be
$12.00 per case ; and
(e) only registered vendor representatives
				may provide samples.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.2 - Liquor Vendors › Rule 42.11.244 - RECORDS RELATED TO SAMPLES - DEPARTMENT EXAMINATIONS

Current through Register Vol. 13, July 5, 2024
(1) Each registered representative shall
				maintain a permanent sample log which must contain a listing of all sample
				purchases, the name and location of each recipient, and the date the sample was
				received.
(2) The department may,
				at any reasonable time and place, examine the records of a registered
				representative. For the purposes of this rule, reasonable time and place means
				normal business hours at the representative's place of business.
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-3-103,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.2 - Liquor Vendors › Rule 42.11.245 - ADVERTISING SPECIALTIES

Current through Register Vol. 13, July 5, 2024
(1) Registered
				vendor representatives may distribute point-of-sale advertising materials and
				consumer advertising specialties to a retailer as set forth in Title 27 of the
				Code of Federal Regulations, regulation number 6.84. Copies may be obtained at
www.ttb.gov
.
(2) Registered vendor representatives may not
				directly or indirectly pay or credit the retailer for using these
				materials.
AUTH:
					 16-1-303, MCA; IMP:
					 16-3-103,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.2 - Liquor Vendors › Rule 42.11.251 - UNLAWFUL ACTS

Current through Register Vol. 13, July 5, 2024
(1) Sections
				16-1-304,
				16-2-105,
				16-3-101,
				16-3-103,
				16-6-104, and
				16-6-301, MCA, provide that
				certain practices in connection with the sale of alcoholic beverages shall be
				unlawful. All vendors and registered vendor representatives shall be familiar
				with and abide by these statutes.
(2) Although not limiting the scope of the
				statutory provisions, and with the exception of the consumer advertising
				specialties stated in ARM
				42.11.245, the following practices
				are prohibited:
(a) to grant, allow, pay, or
				rebate merchandise or any other thing of value to any licensee, state liquor
				store agent or anyone affiliated with either, including the purchase of
				merchandise at retail for delivery to a licensee;
(b) to grant, allow, or pay anything of value
				to a licensee, state liquor store agent, or anyone affiliated with either, for
				the privilege of displaying advertising;
(c) to purchase drinks "for the house" to
				induce the purchase of a product;
(d) to induce department personnel to promote
				the sale of a product. This prohibition does not apply to discussions between
				vendors or registered vendor representatives and department employees with
				regard to the department's purchase of liquor;
(e) to grant, allow, or pay money or anything
				of substantial value to licensees or their agents or employees to induce the
				sale of a product;
(f) to
				represent, expressly or by implication, that a vendor or registered vendor
				representative is affiliated with or has any influence over any department of
				the state government; or
(g) to
				repurchase, replace, or exchange any product purchased by licensees or other
				persons from agency liquor stores.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.2 - Liquor Vendors › Rule 42.11.252 - REVOCATION OR SUSPENSION OF PERMITS OR REGISTRATIONS

Current through Register Vol. 13, July 5, 2024
(1) The department may, after notice and
				opportunity for hearing in conformity with the provisions of the Montana
				Administrative Procedure Act, deny, suspend, or revoke a vendor's permit or
				representative's registration if it determines that the vendor or
				representative has violated any provision of the Montana Alcoholic Beverage
				Code or administrative rule of Montana relating to alcoholic beverages, or upon
				any other reasonable cause shown.
(2) A vendor or representative whose permit
				or registration has been denied or revoked is ineligible to hold any permit or
				registration under this chapter, any other rule of the department or any law of
				Montana relating to liquor for a period up to three years from the date the
				permit or registration was denied or revoked.
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-3-103,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.3 - Operating Agency Liquor Stores › Rule 42.11.301 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this subchapter, the following definitions
				  apply:
(1) "Adult" means a person 18
				years of age or older.
(2) "Agency
				liquor store" means a liquor store operated by an agent.
(3) "Agent" means a person or entity
				authorized under an agency franchise agreement with the department to operate
				an agency liquor store.
(4)
				"Community boundary" means:
(a) in the case
				of an incorporated city or town, the city or town limits; and
(b) in other communities, the area identified
				by the United States Census Bureau as a community for census
				purposes.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.3 - Operating Agency Liquor Stores › Rule 42.11.302 - CONVERSION TO AGENCY STORE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-2-101,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.3 - Operating Agency Liquor Stores › Rule 42.11.303 - SELECTION OF AGENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-2-101,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.3 - Operating Agency Liquor Stores › Rule 42.11.304 - CLOSURE OF A STATE LIQUOR STORE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-2-101,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.3 - Operating Agency Liquor Stores › Rule 42.11.305 - OPENING A NEW AGENCY LIQUOR STORE

Current through Register Vol. 13, July 5, 2024
(1) The number of
				agency liquor stores that may be located in a community may vary as prescribed
				in 16-2-109, MCA. For example, there
				may be no more than:
(a) one agency liquor
				store if the population is 0 - 12,000;
(b) two agency liquor stores if the
				population is 12,001 - 52,000;
(c)
				three agency liquor stores if the population is 52,001 - 92,000;
(d) four agency liquor stores if the
				population is 92,001 - 132,000; or
(e) five agency liquor stores if the
				population is 132,001 - 172,000; and
(f) one additional agency liquor store within
				increments of population of 40,000 inhabitants above 172,000.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.3 - Operating Agency Liquor Stores › Rule 42.11.306 - COMMISSION PERCENTAGE DISCOUNT RATE REVIEW. [Repealed]

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA; IMP:
					 16-2-101,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.3 - Operating Agency Liquor Stores › Rule 42.11.307 - VOLUME OF SALES DISCOUNT RATE REVIEW. [Repealed]

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA; IMP:
					 16-2-101,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.3 - Operating Agency Liquor Stores › Rule 42.11.308 - QUALIFICATIONS FOR COMMISSION RATE REVIEW (REPEALED)

Current through Register Vol. 13, July 5, 2024
16-1-303, MCA; IMP,
					 16-2-101,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.3 - Operating Agency Liquor Stores › Rule 42.11.309 - AGENT REQUESTED COMMISSION PERCENTAGE DISCOUNT RATE REVIEW. [Repealed]

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA; IMP:
					 16-2-101,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.3 - Operating Agency Liquor Stores › Rule 42.11.310 - SELECTION OF AGENT. [Repealed]

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA; IMP:
					 16-2-101,
					 16-2-109,
					 18-4-303,
					 18-4-304,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.3 - Operating Agency Liquor Stores › Rule 42.11.311 - AGENCY LIQUOR STORE PROXIMITY TO GROCERY STORES

Current through Register Vol. 13, July 5, 2024
(1) Agency liquor
				stores may not be located in or adjacent to grocery stores in communities with
				populations over 3,000.
(2) The
				department shall consider a retail establishment to be a grocery store if:
(a) the establishment maintains food
				inventory with a cost of $5,000 or greater; and
(b) the department determines that the
				establishment's primary purpose is to sell products other than alcoholic
				beverages.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.3 - Operating Agency Liquor Stores › Rule 42.11.312 - DIRECT PRODUCT DELIVERIES FROM A DISTILLERY

Current through Register Vol. 13, July 5, 2024
(1) An agency
				liquor store may order product directly from a distillery pursuant to
				16-4-311, MCA, without
				notification to the department.
(2) The date of the invoice issued by the
				department for product an agency liquor store receives directly from a
				distillery shall be the date of delivery.
(3) The agency liquor store shall maintain at
				its place of business a copy of the signed bill of lading provided by the
				distillery for each delivery.
(4)
				Within three business days of receiving inventory that is deficient or
				defective, the agency liquor store shall notify the distillery. If adjustment
				of the invoice issued by the department is necessary, the agency liquor store
				shall notify the department within 30 days of product receipt.
AUTH:
					 16-1-303, MCA IMP:
					 16-4-311,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.4 - Purchasing and Distribution › Rule 42.11.401 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
16-1-103,
					 16-1-303, MCA; IMP,
					 16-1-103,
					 16-1-104,
					 16-1-302,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.4 - Purchasing and Distribution › Rule 42.11.402 - INVENTORY POLICY

Current through Register Vol. 13, July 5, 2024
(1) Liquor products
				that can be obtained without substantial inventory investment to the department
				will be made available for sale to state agency liquor stores based on
				historical demand.
(2) Each product
				a vendor seeks to sell in Montana must be approved by the department. In order
				to consider the product for approval, the department must receive a picture
				copy of the product's primary packaging.
(3) Liquor products are a mature product
				category, restricted by law to only consumers age 21 or 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 liquor product 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 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.4 - Purchasing and Distribution › Rule 42.11.406 - PRODUCT LISTING

Current through Register Vol. 13, July 5, 2024
(1) Each January,
				April, July, and October, the department shall classify all products based on
				the criteria set forth in ARM
				42.11.405.
				Changes in product classification are effective as follows:
(a) January reviews are effective May
				1;
(b) April reviews are effective
				August 1;
(c) July reviews are
				effective November 1; and
(d)
				October reviews are effective February 1.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.4 - Purchasing and Distribution › Rule 42.11.407 - MINIMUM SALES STANDARDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
16-1-103,
					 16-1-303, MCA; IMP,
					 16-1-103,
					 16-1-104,
					 16-1-302,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.4 - Purchasing and Distribution › Rule 42.11.408 - PRODUCT APPROVAL PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-1-103,
					 16-1-104, and
					 16-1-302,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.4 - Purchasing and Distribution › Rule 42.11.409 - REVISED LISTING AND OVERSTOCK

Current through Register Vol. 13, July 5, 2024
(1) A product
				that no longer meets the current criteria in ARM
				42.11.405
				will be listed in a classification commensurate with its sales volume and
				effective with the quarterly price book.
(2) Inventory in excess of a historical
				eight-week case demand for a product will be treated as overstock.
(3) The department shall provide a vendor
				with written notice of any inventory identified as overstock. The vendor shall
				remove the overstock from the state liquor warehouse within 30 days of the
				department's notice. If the vendor fails to remove the overstock by the
				prescribed date in the notice, the department may, in its discretion, dispose
				of the overstock or return it to the vendor at the vendor's expense.
AUTH:
					 16-1-103,
					 16-1-303, MCA;
					 IMP:
					 16-1-103,
					 16-1-104,
					 16-1-302,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.4 - Purchasing and Distribution › Rule 42.11.420 - TRANSITIONAL RULE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-1-103,
					 16-1-104, and
					 16-1-302,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.4 - Purchasing and Distribution › Rule 42.11.421 - BAILMENT LIMITS

Current through Register Vol. 13, July 5, 2024
(1) Vendors shall
				supply the state liquor warehouse with regular products and maintained special
				order products in an amount above the minimum level and below the maximum level
				as set forth in (2) and (3).
(2)
				The minimum level is a historical three-week case demand. The historical
				three-week case demand is calculated by taking the product's sales from the
				previous 12 months and dividing by 52 to obtain a weekly demand. This figure is
				then multiplied by three to obtain a three-week demand.
(3) The maximum level is a historical
				eight-week case demand. The historical eight-week case demand is calculated by
				taking the product's sales from the previous 12 months and dividing by 52 to
				obtain a weekly demand. This figure is then multiplied by eight to obtain an
				eight-week demand. The maximum level may be exceeded if a vendor demonstrates
				to the department's satisfaction that a larger amount is needed to meet a sales
				forecast or to obtain an economical shipment.
(4) Vendors will be charged a bailment fee
				equivalent to one dollar per case based on a historical three-week case demand
				for each day a regular product is out of stock. A bailment fee will not be
				charged if the unavailability of supply is due to an incident beyond the
				vendor's control or it is based on department error.
(5) Vendors shall honor a product's sale
				price for agency liquor store orders that were not filled during a sale month
				due to insufficient inventory.
(6)
				Fees and credits will be offset against the department's payment for
				products.
AUTH:
					 16-1-103,
					 16-1-303, MCA;
					 IMP:
					 16-1-103,
					 16-1-302,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.4 - Purchasing and Distribution › Rule 42.11.422 - BAILMENT RECEIVINGS

Current through Register Vol. 13, July 5, 2024
(1) Vendors shall
				provide the department a bill of lading for each shipment to the state liquor
				warehouse by fax or e-mail ten days in advance of the expected date of arrival.
				The bill of lading must include the quantity, the National Alcoholic Beverage
				Control Association control state code, and a description of each product
				shipped.
(2) The department shall
				send vendors an acknowledgement of receipt within 24 hours noting any variance
				from the bill of lading.
(3) The
				number of cases received per product will be credited to the vendor's bailment
				inventory.
(4) Damaged cases will
				be adjusted from the vendor's bailment inventory.
AUTH:
					 16-1-103,
					 16-1-303, MCA; IMP:
					 16-1-103,
					 16-1-302,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.4 - Purchasing and Distribution › Rule 42.11.423 - BAILMENT DEPLETIONS

Current through Register Vol. 13, July 5, 2024
(1) The department
				may deplete products from the vendor's bailment inventory if the department is
				purchasing the product .
(2) The
				department shall pay the vendor for products purchased within 15 days from the
				close of the month as follows:
(a) for
				regular products, the department shall pay the vendor the price stated on the
				standard price quotation form submitted for publication in the most recent
				quarterly price book;
(b) for
				special order, seasonal, and discontinued products, the department shall pay
				the price currently on file with the department; and
(c) all prices in (a) and (b) shall be
				freight on board to the state liquor warehouse.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.4 - Purchasing and Distribution › Rule 42.11.424 - BAILMENT ADJUSTMENTS

Current through Register Vol. 13, July 5, 2024
(1) A vendor's
				bailment inventory will be adjusted for withdrawals, purchases, deliveries,
				defective merchandise, destructions, and errors.
(2) Vendors may withdraw their products from
				the state liquor warehouse by sending a written request to the
				department.
(3) Upon request, the
				department shall notify a vendor weekly of the number of cases credited to the
				vendor's bailment inventory that were deficient or defective, (e.g., hidden
				breakage, packed short, or bottles with no fill or low fill). A vendor may ask
				the department to return or destroy defective cases at the vendor's
				cost.
(4) Upon request, the
				department shall notify a vendor weekly of the number of cases credited or
				debited to the vendor's bailment inventory in error and an explanation of the
				errors.
(5) The department may
				charge a vendor for reasonable costs associated with handling the vendor's
				products at the state liquor warehouse beyond the normal receipt, storage, and
				shipping of products. Handling includes, but is not limited to, affixing labels
				on cases, repackaging cases, restacking cases, destroying product, and
				assembling product for return. Charges will be offset against the department's
				payment for products.
AUTH:
					 16-1-103,
					 16-1-303, MCA;
					 IMP:
					 16-1-103,
					 16-1-302,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.4 - Purchasing and Distribution › Rule 42.11.425 - STATE LIQUOR WAREHOUSE MANAGEMENT

Current through Register Vol. 13, July 5, 2024
(1) Only department
				personnel are authorized to handle products in the state liquor
				warehouse.
(2) Vendors may arrange
				with the department for the temporary transfer of selected cases of product to
				a work area within the state liquor warehouse. Vendors or registered vendor
				representatives may inspect or modify cases of their product in the work area.
				The department must approve any modifications that may affect the vendor's
				bailment inventory. Vendors will be charged the direct and indirect costs the
				department incurs for transferring cases to and from the work area.
(3) Vendors and registered vendor
				representatives may request to observe the operation of the state liquor
				warehouse at any time during regular working hours .
(4) While on a visit to the state liquor
				warehouse, vendors and registered vendor representatives must observe all
				safety rules.
(5) The department
				will take physical inventory in the state liquor warehouse four times a year
				and reconcile the vendor's bailment inventory.
AUTH:
					 16-1-103,
					 16-1-303, MCA; IMP:
					 16-1-103,
					 16-1-302,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.4 - Purchasing and Distribution › Rule 42.11.426 - BAILMENT DISPUTES

Current through Register Vol. 13, July 5, 2024
(1) If a vendor
				disputes any department decision under ARM
				42.11.421 through
				42.11.425, the vendor and the
				department will attempt to resolve the dispute informally.
(2) If an informal resolution is not
				successful, a vendor may contest the decision in accordance with the provisions
				for contested cases in the Montana Administrative Procedure Act.
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-1-103,
					 16-1-104, and
					 16-1-302,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.11 - AGENCY LIQUOR STORES AND VENDORS › Subchapter 42.11.4 - Purchasing and Distribution › Rule 42.11.427 - BAILMENT TRANSITION RULE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-1-103,
					 16-1-104, and
					 16-1-302,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.101 - APPLICATION FOR LICENSE

Current through Register Vol. 13, July 5, 2024
(1) All
				applications for licenses to sell, manufacture, or distribute alcoholic
				beverages shall be made to the department upon forms supplied by the department
				or through the department's licensing portal. An abbreviated application may be
				used for license modifications as specified in ARM
				42.12.118.
				In all other cases, the application process specified below shall be
				followed.
(2) Applications for
				licenses shall be in the names of all persons who will have an ownership
				interest in the business to be operated under the license, as required in
				16-4-401,
				MCA.
(3) In addition to the
				license application, as applicable, the applicant shall submit:
(a) any processing fees required by ARM
				42.12.111 and the
				license fee required by
				16-4-420
				or
				16-4-501,
				MCA;
(b) a copy of the proposed
				agreement to transfer an ownership interest;
(c) proof that the applicant has possessory
				interest in the premises;
(d) any
				source of funding documents including, but not limited to, loan documents,
				gifting statements, and finance institution statements;
(e) the premises floor plan;
(f) bank account authorization and signature
				documents;
(g) proof of assumed
				business name;
(h) proof that all
				filings and payments related to Montana income, corporation, withholding,
				business, and other taxes are current;
(i) two complete sets of fingerprints and a
				personal history statement for each person identified in
				16-4-414,
				MCA, and ARM
				42.12.212;
				and
(j) for any entity applicant:
(i) proof the business is registered in
				Montana;
(ii) stock
				certificates;
(iii) stock ledger or
				membership units register;
(iv)
				bylaws; and
(v) organizational
				meeting minutes.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.102 - SUPPORTING DOCUMENTATION - PUBLIC CONVENIENCE AND NECESSITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-4-105 and
					 16-4-203,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.103 - SUPPORTING DOCUMENTATION - ENTITY APPLICANTS (Repealed)

Current through Register Vol. 13, July 5, 2024
16-1-303, MCA; IMP,
					 16-4-203,
					 16-4-205,
					 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 42.12.104 - ACTION TAKEN WITH CENSUS UPDATE

Current through Register Vol. 13, July 5, 2024
(1) Upon
				receipt of the most recent census taken under the direction of congress, or the
				most recent population estimates published by the bureau of the census, United
				States department of commerce, the department of revenue will determine the
				availability of any alcoholic beverages licenses subject to a quota system. The
				department will publish notice of increases in the availability of alcoholic
				beverages licenses subject to a quota limitation if the quota of licenses had
				previously been filled within 30 days of receipt of both city and county
				certified census numbers.
(2) In
				determining the availability of such licenses, the department will utilize only
				those boundaries that are recognized by the Bureau of the Census.
(3) The department will determine whether a
				license is available for a license applicant based on the verified census data
				in the department's possession on the date the department received the
				application, except when the department has published a notice of availability
				of a license three months before or after receipt of the application, in which
				case the verified census data in the department's possession on the date the
				notice is published shall be used. Census data is verified when the department
				has confirmation the federal census bureau has declared the census data to be
				official, the department has calculated the license quotas from the official
				census data, and the department has placed the revised quotas on
				file.
AUTH:
					 16-1-303,
					 16-4-105,
					 16-4-204,
					 MCA; IMP:
					 16-4-105,
					 16-4-106,
					 16-4-201,
					 16-4-203,
					 16-4-204,
					 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 42.12.105 - ELECTRONIC SUBMISSION OF DOCUMENTS AND ELECTRONIC SIGNATURES

Current through Register Vol. 13, July 5, 2024
(1) The department
				may accept electronic submission of certain documents through the licensing
				portal.
(2) An electronically
				submitted document is only complete if:
(a)
				all requested information is provided; and
(b) the submitter is the applicant, licensee,
				or an authorized representative of the applicant or licensee.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.106 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply to this chapter:
(1) "Adjacent to," with regard to alcoholic
				beverage advertising limitations for premises suitability, means:
(a) the premises share a common internal or
				external wall with the building at issue; or
(b) there is an absence of another building
				between the premises and the building at issue; and
(c) the distance between the nearest exterior
				wall of the premises and the building at issue is equal to or less than 100
				feet.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.107 - EDUCATIONAL MATERIALS

Current through Register Vol. 13, July 5, 2024
(1) The department
				maintains educational materials for each type of alcoholic beverage license
				along with the trade practices that are permitted by Montana law and rules.
				Montana law provides that transactions involving alcoholic beverages are
				illegal unless specifically permitted by law.
(2) Licensees should seek guidance from the
				department concerning whether actions not listed in the department materials
				are allowed before engaging in such transactions. Unless the department
				provides written guidance citing explicit authority, the licensee should treat
				all transactions not in the educational materials as prohibited.
(3) Failure of a licensee to follow the
				guidance in the educational materials will not constitute an additional
				violation of law or rule.
16-1-303, MCA; IMP,
					 16-1-301,
					 16-1-302,
					 16-1-304,
					 16-3-101,
					 16-6-301,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.108 - HEARING PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) When it is
				determined that a hearing is necessary, the matter will be forwarded to the
				department's office of dispute resolution where the time, date, and place for
				the hearing will be determined. The date and time of the hearing shall be
				during regular business hours. The place of the hearing shall be in:
(a) Helena, if other than a public
				convenience and necessity hearing or a resort determination hearing;
(b) the community nearest the location of the
				applicant's proposed premises if it is a public convenience and necessity
				hearing or a resort determination hearing; or
(c) Helena for a telephonic hearing, when
				agreed to by all the parties to the hearing. The hearing will be initiated from
				Helena by the hearing examiner through a conference call to the telephone
				numbers provided by the parties.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.109 - PROTESTS

Current through Register Vol. 13, July 5, 2024
(1) A protest letter as described in
				16-4-207, MCA, must:
(a) contain statement(s) of the writer's
				intent that the letter be considered a protest;
(b) describe the reason for protesting the
				granting of a license; and
(c)
				identify the appropriate action by:
(i)
				providing the license number and accurate trade name or applicant name in a
				case of a transfer; or
(ii) the
				trade name and applicant name and stating that it is for a new application for
				an original Montana all-alcoholic beverages license.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.12 - LIQUOR LICENSES AND PERMITS › Subchapter 42.12.1 - License Applications › Rule 42.12.110 - SERVICE OF NOTICES

Current through Register Vol. 13, July 5, 2024
(1) A notice of
				proposed adverse action issued pursuant to
				16-4-107,
				16-4-406,
				16-4-407, or
				16-4-1008, MCA, shall be served
				upon the licensee or registrant of record or, in the case of an application for
				a new license, on the applicant, by sending a copy of the notice to the
				licensee, registrant, or applicant by certified mail to the mailing address on
				file with the department.
(2)
				Service shall be considered complete three days after mailing the notice.
				Service shall not be considered incomplete because of refusal to accept
				delivery of the notice.
(3) The
				licensee, registrant, or applicant must respond to the department in writing
				within 20 days of service of the notice of proposed adverse action. Failure to
				respond will result in the enforcement of the administrative action proposed in
				the notice.
16-1-303,
					 MCA;