reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.2 - Labeling and Advertising › Rule 42.13.210 - CONSUMER PROMOTIONS

Current through Register Vol. 13, July 5, 2024
(1) Industry members
				authorized to do business in the state are allowed to offer coupons and direct
				offerings as set forth in regulation number 6.96 of the Tobacco Tax and Trade
				Bureau (TTB), United States Department of the Treasury as set forth in 27 CFR,
				as revised on April 1, 2005, and incorporated by reference as fully set forth
				as the regulations for consumer promotions. Copies may be obtained at the
				United States web site located at www.ttb.gov/Regulations.
(2) Industry members may furnish to consumers
				coupons which are redeemable at a retail establishment as follows:
(a) all retailers within the market where the
				coupon offer is made may redeem such coupons; and
(b) an industry member does not reimburse a
				retailer for more than the face value of all coupons redeemed, plus a normal
				and customary handling fee for the redemption of coupons.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.2 - Labeling and Advertising › Rule 42.13.211 - PERMISSIBLE ADVERTISING

Current through Register Vol. 13, July 5, 2024
(1) No licensee
				shall publish or cause to be published or disseminate or cause to be
				disseminated any advertisement of liquor (distilled spirits, wine, or malt
				beverages) unless such advertisement conforms with ARM
				42.13.221.
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-3-103 and
					 16-3-244,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.2 - Labeling and Advertising › Rule 42.13.212 - ADVERTISING MEDIA (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-3-241 and
					 16-3-244,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.2 - Labeling and Advertising › Rule 42.13.221 - ADOPTION OF CERTAIN FEDERAL REGULATIONS

Current through Register Vol. 13, July 5, 2024
(1)
				The United States Department of Treasury, Alcohol and Tobacco Tax and Trade
				Bureau regulations 1, 4, 5, 6, and 7, as set forth in 27 CFR, as revised April
				1, 2006, available from the U.S. Government Printing Office, Washington, DC
				20402-0001, are adopted by reference. These regulations apply to basic permit
				requirements, tied-house restrictions, labeling, sampling, and advertising of
				liquor (distilled spirits, wine, and malt beverages) sold within this state
				except where the provisions of these federal regulations may be contrary to or
				inconsistent with the provisions of Montana law or rules of the
				department.
16-1-303, MCA; IMP,
					 16-1-201,
					 16-3-103,
					 16-3-244,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.2 - Labeling and Advertising › Rule 42.13.222 - BEER WHOLESALER AND TABLE WINE DISTRIBUTOR RECORDKEEPING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Beer wholesalers and table wine
				distributors shall keep and maintain records at their place of business of all
				beer or table wine furnished or sold to retailers. These records must contain
				the following information:
(a) name and
				address of retailer;
(b) item that
				was sold or furnished;
(c) date
				item was sold or furnished;
(d)
				date item was delivered;
(e) cost
				of item sold;
(f) date wholesaler
				or distributor received retailer's payment; and
(g) from which warehouse or subwarehouse the
				item was delivered.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.3 - Storage Requirements › Rule 42.13.301 - STORAGE OF ALCOHOLIC BEVERAGES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA IMP:
					 16-1-302,
					 16-3-201,
					 16-3-301,
					 16-6-301,
					 16-6-303,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.3 - Storage Requirements › Rule 42.13.302 - BREWER'S STORAGE DEPOT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-4-102,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.3 - Storage Requirements › Rule 42.13.303 - BEER OR TABLE WINE STORAGE FACILITIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-3-230,
					 16-4-102,
					 16-4-103, and
					 16-6-104,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.3 - Storage Requirements › Rule 42.13.304 - STORAGE RESULTING IN TREATMENT AS BEER WHOLESALER OR TABLE WINE DISTRIBUTOR (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA IMP:
					 16-3-230,
					 16-4-103,
					 16-6-104,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.3 - Storage Requirements › Rule 42.13.305 - EXCHANGE OR RETURN OF BEER OR TABLE WINE PRODUCT (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA IMP:
					 16-3-201,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.4 - Wine › Rule 42.13.401 - IMPORTATION OF WINE

Current through Register Vol. 13, July 5, 2024
(1) A foreign
				winery or importer, not otherwise licensed in Montana, desiring to ship table
				wine, sacramental wine, or hard cider to Montana must submit an application for
				registration specified in
				16-4-107,
				MCA. The registration must be renewed annually by October 1 and be accompanied
				by the applicable registration fee shown in (3).
(2) Each product the foreign winery or
				importer desires to ship must conform to the provisions of ARM
				42.13.201.
(3) For the first year, the registration fee
				is based on the total number of 9-liter cases the registrant intends to ship to
				Montana that year. For subsequent years, the registration fee is based on the
				total number of 9-liter cases the registrant actually shipped to Montana during
				the preceding year. The registration fee schedule is as follows:
(a) 0-60 9-liter cases = no charge;
(b) 61-500 9-liter cases = $100;
(c) 501-1000 9-liter cases = $200;
(d) 1001- 2000 9-liter cases = $300;
				or
(e) 2001 + 9-liter cases =
				$400.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.4 - Wine › Rule 42.13.402 - TABLE WINE AND HARD CIDER TAX RETURN

Current through Register Vol. 13, July 5, 2024
(1) Each
				winery and table wine distributor shall pay any tax due and file a quarterly
				tax return on Form WIT, pursuant to
				16-1-411 and
				16-3-411, MCA. The form must be
				filed regardless of whether the winery or table wine distributor sold any table
				wine or hard cider during the quarter.
(2) Each winery and table wine distributor
				must file the return and pay tax on or before the 15th day of the month
				following the end of the quarter for table wine and hard cider sold in the
				previous quarter.
(3) Failure to
				file the return or pay the table wine tax and hard cider tax is sufficient
				cause for the assessment of penalties and interest in accordance with
				15-1-216 and
				16-1-411, MCA, and other penalties
				provided in
				16-4-406, MCA.
(4) Sections (1) through (3) do not apply to
				a winery or wine importer that sells its products solely to table wine
				distributors.
(5) For purposes of
				this tax, a tax year begins on July 1, and a "quarter" means a tax reporting
				period which begins July 1, October 1, January 1, and April 1 of each tax
				year.
AUTH:
					 16-1-303, MCA; IMP:
					 15-1-216,
					 16-1-411,
					 16-3-404,
					 16-3-411,
					 16-4-406,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.4 - Wine › Rule 42.13.403 - DOMESTIC WINERY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA; IMP, Sec.
					 16-3-411 and
					 16-4-107,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.4 - Wine › Rule 42.13.404 - WINE REPORTING REQUIREMENTS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA
					 IMP:
					 16-1-411,
					 16-3-411,
					 16-4-107,
					 16-4-1101,
					 16-4-1102,
					 16-4-1103,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.4 - Wine › Rule 42.13.405 - WINERY - CONDITIONS FOR OPERATING

Current through Register Vol. 13, July 5, 2024
(1)
				In addition to all other alcoholic beverage licensing requirements, a winery
				shall:
(a) refrain from providing alcoholic
				beverages on the premises until the department approves a sample
				room;
(b) not possess any interest
				in real or personal property owned, occupied, or used by an alcoholic beverage
				retailer in the conduct of the retailer's business;
(c) store alcoholic beverages only on the
				premises;
(d) store on the premises
				only the alcoholic beverages for which the premises are licensed or those
				authorized under an approved alternating proprietor arrangement;
(e) sell and deliver its products to
				distributors or retailers only in original packaging;
(f) prevent the self-service of alcoholic
				beverages on the premises;
(g)
				prevent the consumption or possession of alcoholic beverages on the premises by
				persons who are under 21 years of age or actually, apparently, or obviously
				intoxicated;
(h) prevent the sale
				of alcoholic beverages for on-premises or off-premises consumption between 2
				a.m. and 8 a.m.;
(i) prevent the
				consumption or possession of alcoholic beverages on the premises between 2 a.m.
				and 8 a.m. by removing all alcoholic beverages, other than those sold for
				off-premises consumption pursuant to (3), from individuals' possession by 2
				a.m.;
(j) prevent the on-premises
				consumption of alcoholic beverages not sold or provided at the premises and
				those sold in original packaging for off-premises consumption;
(k) prevent the consumption of alcoholic
				beverages in the manufacturing area or storage area except as authorized by
				federal laws;
(l) maintain records
				documenting its business operations including, but not limited to the sale,
				production, storage, and processing of alcoholic beverages on the premises;
				and
(m) electronically file all
				required alcoholic beverage tax returns and pay any taxes owed as provided in
				law.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.4 - Wine › Rule 42.13.406 - SACRAMENTAL WINE REPORTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				The following licensed entities shall pay any tax due and file a wine tax
				return on Form WIT for sacramental wine sold in Montana:
(a) sacramental wine licensees located
				outside Montana for sacramental wine sold to officials of churches or other
				established religious organizations;
(b) licensed wineries for sacramental wine
				containing not more than 16 percent alcohol by volume sold to licensed
				retailers and for sacramental wine containing not more than 24 percent alcohol
				by volume sold to sacramental wine licensees; and
(c) table wine distributors for sacramental
				wine containing not more than 16 percent alcohol by volume sold to licensed
				retailers and for sacramental wine containing not more than 24 percent alcohol
				by volume sold to sacramental wine licensees.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.5 - Drive-up Windows › Rule 42.13.501 - DRIVE-UP WINDOWS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303, MCA, IMP, Sec.
					 16-3-303, MCA, Title 16, chapter
					 3, part 3, MCA, and Title 16, chapter 4,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.5 - Drive-up Windows › Rule 42.13.502 - OPERATION OF DRIVE-UP WINDOWS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 16-1-303 MCA; IMP, Sec.
					 16-3-303, MCA, Title 16, chapter
					 3, part 3, MCA, and Title 16, chapter 4,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.6 - Small Breweries › Rule 42.13.601 - BREWERY - CONDITIONS FOR OPERATING

Current through Register Vol. 13, July 5, 2024
(1)
				In addition to all other alcoholic beverage licensing requirements, a brewery
				shall:
(a) not possess any interest in real
				or personal property owned, occupied, or used by an alcoholic beverage retailer
				in the conduct of the retailer's business;
(b) store alcoholic beverages only on the
				premises;
(c) store on the premises
				only the alcoholic beverages for which the premises are licensed or those
				authorized under an approved alternating proprietor arrangement;
(d) prevent the consumption of alcoholic
				beverages in the manufacturing area or storage area except as authorized by
				federal law;
(e) sell and deliver
				its products to wholesalers and retailers only in original packaging;
(f) maintain records documenting its business
				operations including, but not limited to, the sale, production, storage, and
				processing of alcoholic beverages on the premises; and
(g) electronically file all required
				alcoholic beverage tax returns and pay any taxes owed as provided in
				law.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.6 - Small Breweries › Rule 42.13.602 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA IMP:
					 16-1-401,
					 16-1-404,
					 16-3-214,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.6 - Small Breweries › Rule 42.13.603 - USE OF FLAVORS AND NONBEVERAGE INGREDIENTS CONTAINING ALCOHOL IN THE MANUFACTURING OF BEER

Current through Register Vol. 13, July 5, 2024
(1) A brewery
				licensed by the department and located in Montana that uses flavors and other
				nonbeverage ingredients containing alcohol in their blending and manufacturing
				processes is required to request such products through the department on a form
				supplied by the department.
(2) The
				department will process the request and notify the supplier, specified by the
				brewery, of the quantities and sizes of the various flavors and nonbeverage
				ingredients containing alcohol to be delivered to the brewery.
(3) For beer with alcohol content of 6
				percent or less alcohol by volume, flavors and other nonbeverage ingredients
				containing alcohol may contribute no more than 49 percent of the overall
				alcohol content of the finished product.
(4) For beer with an alcohol content of more
				than 6 percent alcohol by volume, no more than 1.5 percent of the volume of the
				finished product may consist of alcohol derived from added flavors and other
				nonbeverage ingredients containing alcohol.
(5) All brewery beer formulas, for beer
				containing flavors and other nonbeverage ingredients containing alcohol, must
				be approved by the Alcohol and Tobacco Tax and Trade Bureau (TTB), prior to
				state approval. Brewers requesting label approval by the state, for beer
				containing flavors and other nonbeverage ingredients containing alcohol, must
				include a copy of their TTB formula approval letter.
(6) The brewery must keep all flavors and
				nonbeverage ingredients containing alcohol on its licensed premises.
(7) Flavors and nonbeverage ingredients
				containing alcohol can only be used for blending and manufacturing purposes and
				may not be resold, transferred, or given away. A brewery must receive approval
				from the department to destroy or dispose of any flavors or nonbeverage
				ingredients containing alcohol.
(8)
				A brewery must document and maintain records at their place of business of all
				flavors and nonbeverage ingredients containing alcohol used for blending and
				manufacturing purposes. The department may make an examination of any brewery's
				records and otherwise check the accuracy of the alcohol content of any malt
				beverage manufactured by the brewery.
16-1-303, MCA; IMP,
					 16-1-401,
					 16-1-404,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.7 - Brewery Taxes › Rule 42.13.701 - PRODUCTION INCREMENTS USED IN THE CALCULATION OF TAXES ON BEER

Current through Register Vol. 13, July 5, 2024
(1) Section
				16-1-406, MCA, requires each
				barrel of beer sold in Montana to be taxed. This tax is based upon the total
				number of barrels of beer produced by a brewer in a year. For purposes of this
				tax, "year" means the department's fiscal year which begins on July 1 of each
				calendar year and ends on June 30 of the following calendar year. "Annual" or
				"annually" are synonymous with the department's "year." For purposes of this
				tax, a tax year begins on July 1, and a "quarter" means a tax reporting period
				beginning July 1, October 1, January 1, and April 1 of each tax year.
(2) The brewer production increments and
				graduated per barrel tax rates provided in
				16-1-406, MCA, correspond to a
				brewer's reported annual production regardless of whether the beer is produced
				nationally or internationally.
(a) For the
				purposes of production reporting and calculating taxes owed, a brewer who has
				produced 10,000 barrels of beer or less in the preceding year will begin the
				next year at the $1.30 per barrel tax rate. The quarter after the brewer
				exceeds a production increment, the per barrel tax rate will increase to the
				next production increment amount. For example, if the 5,001st barrel is
				produced during the first quarter, the tax rate will be $1.30 for all of the
				first quarter. The per barrel tax rate will increase to $2.30 beginning with
				the second quarter and will continue at that rate for the remainder of the year
				or until the quarter after the next production increment is exceeded.
(b) For the purposes of production reporting
				and calculating taxes owed, a brewer who has produced 10,001 barrels of beer or
				more in the preceding year will begin the next year at the $4.30 per barrel tax
				rate.
(c) For the purposes of
				production reporting and calculating taxes owed, a new brewer will begin the
				year at the $1.30 per barrel tax rate. The quarter after the new brewer exceeds
				a production increment, the per barrel tax rate will increase to the next
				production increment amount. If a new brewer produces more than 10,000 barrels
				in the first quarter of the year, all its production will be taxed at the $4.30
				per barrel tax rate for the year.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.7 - Brewery Taxes › Rule 42.13.702 - BEER TAX RETURNS

Current through Register Vol. 13, July 5, 2024
(1) A brewery or
				beer wholesaler shall pay any beer taxes due and file a quarterly tax return
				with the department on Form BET, pursuant to
				16-1-406, MCA. The form must be
				filed regardless of whether the brewery or beer wholesaler sold any beer during
				the quarter.
(2) A brewery or beer
				wholesaler must pay the beer tax and file the required return on or before the
				15th day of the month following the end of the quarter for beer sold during the
				previous quarter.
(3) Failure to
				file the required return or pay the beer tax is sufficient cause for the
				assessment of penalties and interest in accordance with
				15-1-216 and
				16-1-406, MCA, and other penalties
				provided in
				16-4-406, MCA.
(4) Sections (1) through (3) do not apply to
				a brewery or beer importer that sells its products solely to a beer
				wholesaler.
(5) For purposes of
				this tax, a tax year begins on July 1, and a "quarter" means a tax reporting
				period which begins July 1, October 1, January 1, and April 1 of each tax
				year.
AUTH:
					 16-1-303, MCA; IMP:
					 16-1-406,
					 16-3-211,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.8 - Distilleries › Rule 42.13.802 - DISTILLERY - CONDITIONS FOR OPERATING

Current through Register Vol. 13, July 5, 2024
(1)
				In addition to all other alcoholic beverage licensing requirements, a
				distillery shall:
(a) not sell, deliver, or
				provide any alcoholic beverages until the licensee has obtained a certificate
				of label approval or an exemption from label approval from the Alcohol and
				Tobacco Tax and Trade Bureau and product approval from the
				department;
(b) not possess any
				interest in real or personal property owned, occupied, or used by an alcoholic
				beverage retailer in the conduct of the retailer's business;
(c) store alcoholic beverages only on the
				premises;
(d) store on the premises
				only the alcoholic beverages for which the premises are licensed or those
				authorized under an approved alternating proprietor arrangement;
(e) sell and deliver its product in Montana
				only in original packaging and to the department; and
(f) maintain records documenting its business
				operations including, but not limited to, the sale, production, storage, and
				processing of alcoholic beverages on the premises.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.8 - Distilleries › Rule 42.13.803 - DISTILLERIES - PRODUCT PRICING

Current through Register Vol. 13, July 5, 2024
(1) The
				department will provide each distillery with a standard quotation and
				specification form to report the necessary information for each product the
				distillery desires to sell in Montana.
(2) The distillery will advise the department
				the cost per case FOB Helena, Montana that the distillery intends to sell the
				product to the department.
(3) The
				distillery will provide the department with the total number of proof gallons
				manufactured, distilled, rectified, bottled, or processed, and sold nationwide
				to determine the distillery's tax and mark-up brackets.
(4) The department will generate the posted
				price per bottle from the distillery's case cost. The posted price includes the
				distillery's case cost delivered to Helena, Montana, the department's current
				freight rate to agency liquor stores, the state's mark-up, liquor excise tax
				and liquor license tax, rounded to the nearest five-cent increment.
(5) The posted price will remain the price
				until a revised form is submitted and approved by the department. A revised
				quote for regular listed products shall be submitted not less than 60 days
				prior to the effective date of the department's quarterly price book.
(6) Products offered by a distillery will be
				listed in an inventory class based on the criteria in accordance with ARM
				42.11.406.
16-1-303,
					 16-1-424, MCA; IMP,
					 16-1-404,
					 16-4-311,
					 16-4-312,
					 16-4-501,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.8 - Distilleries › Rule 42.13.804 - MICRODISTILLERY - MONTHLY TAX RETURN

Current through Register Vol. 13, July 5, 2024
(1) Each
				microdistillery shall electronically file with the department a monthly Excise
				and License Tax Return, as required by
				16-1-424, MCA, reporting the
				following information:
(a) the total number
				of gallons distilled during the preceding calendar month to verify the
				distillery qualifies as a microdistillery based on its production
				level;
(b) the total number of
				bottles transferred to the sample room for on-premises consumption with or
				without charge at the distillery;
(c) the total number of bottles sold to
				consumers at retail for off-premises consumption; and
(d) the total amount of liquor excise tax and
				liquor license tax due for the month being reported.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.8 - Distilleries › Rule 42.13.805 - MICRODISTILLERY SAMPLE ROOMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-1-303, MCA IMP:
					 16-4-310,
					 16-4-312,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.8 - Distilleries › Rule 42.13.806 - USE OF OUTSOURCED DISTILLED SPIRITS IN THE MANUFACTURING OF DISTILLED SPIRITS

Current through Register Vol. 13, July 5, 2024
(1) A distillery
				licensed by the department and located in Montana may procure bulk distilled
				spirits from another distilled spirits plant by requesting such products
				through the department on a form supplied by the department. The distillery may
				only use the acquired distilled spirits:
(a)
				to distill, rectify, blend, or manufacture its own distilled spirits;
				or
(b) for contract packaging
				purposes.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.8 - Distilleries › Rule 42.13.807 - DISTILLERY DELIVERIES TO AGENCY LIQUOR STORES

Current through Register Vol. 13, July 5, 2024
(1) A distillery
				delivering product to an agency liquor store pursuant to
				16-4-311, MCA, shall report each
				delivery through the department's online reporting system within two business
				days of the delivery.
(2) The
				distillery shall maintain at its place of business a bill of lading signed by
				the individual at the agency liquor store who accepted the delivery. A
				duplicate copy of the bill of lading shall be given to the agency liquor store.
				The bill of lading shall contain the:
(a)
				date of delivery;
(b) agency liquor
				store number;
(c) number of cases
				of each product;
(d) product
				number;
(e) name of the distillery
				employee who made the delivery; and
(f) name of the agency liquor store employee
				who accepted the delivery.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.9 - Responsible Alcohol Sales and Service Act › Rule 42.13.901 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply to this subchapter:
(1) "Acceptable forms of identification"
				include:
(a) state driver license or
				identification card;
(b) Canadian
				driver license or identification card;
(c) passport;
(d) tribal identification card; and
(e) any form of government issued
				identification.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.9 - Responsible Alcohol Sales and Service Act › Rule 42.13.902 - STATE TRAINING PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall:
(a) develop a curriculum meeting the
				requirements of ARM 42.13.907;
(b)
				update the curriculum following each legislative session;
(c) conduct a full review of the curriculum
				every five years;
(d) issue
				determinations on state trainer applications within 30 days of the recruitment
				period closing;
(e) facilitate the
				training of state trainers;
(f)
				provide training materials;
(g)
				grade exams; and
(h) issue proof of
				training documents.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.9 - Responsible Alcohol Sales and Service Act › Rule 42.13.903

Current through Register Vol. 13, July 5, 2024
AUTH:
					 16-4-1009, MCA; IMP:
					 16-3-301,
					 16-4-1001,
					 16-4-1002,
					 16-4-1003,
					 16-4-1004,
					 16-4-1005,
					 16-4-1006,
					 16-4-1007,
					 16-4-1008,
					 16-6-304,
					 16-6-305,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.9 - Responsible Alcohol Sales and Service Act › Rule 42.13.904 - PRIVATE TRAINING PROGRAMS

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall:
(a) issue determinations on private
				training program applications within 45 days;
(b) publish providers' contact information on
				the department's web site;
(c)
				provide notice of new legislation impacting curriculum within 30 days of
				passage;
(d) evaluate program
				effectiveness, including consideration of the percentage of program
				participants who sell to underage or intoxicated persons; and
(e) notify the provider of any required
				changes based upon program deficiencies.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.9 - Responsible Alcohol Sales and Service Act › Rule 42.13.905 - STATE TRAINER APPLICATION PROCESS

Current through Register Vol. 13, July 5, 2024
(1) The department,
				in its sole discretion, may approve an application for an individual to be a
				state trainer.
(2) To apply to be a
				state trainer, an applicant must:
(a) possess
				a minimum of one year combined experience in:
(i) law enforcement;
(ii) communications;
(iii) public relations;
(iv) healthcare; or
(v) education;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.9 - Responsible Alcohol Sales and Service Act › Rule 42.13.906 - PRIVATE TRAINING PROGRAM APPLICATION PROCESS

Current through Register Vol. 13, July 5, 2024
(1) The department,
				in its sole discretion, has the authority to approve a private training
				provider's program.
(2) A private
				training provider's program must adhere to the curriculum requirements set
				forth in ARM 42.13.907.
(3) An
				applicant seeking to provide in-classroom training must submit:
(a) the curriculum, including the Montana
				specific training supplement;
(b)
				classroom materials used by the trainer and participants;
(c) instructional aids, including videos or
				other visual components;
(d) sample
				proof of training document; and
(e)
				the exam, its answers, and an explanation of how the combined exam score will
				be calculated.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.9 - Responsible Alcohol Sales and Service Act › Rule 42.13.907 - CURRICULUM REQUIREMENTS FOR STATE AND PRIVATE TRAINING PROGRAMS

Current through Register Vol. 13, July 5, 2024
(1) In addition to
				the requirements in
				16-4-1006, MCA, the curriculum
				must cover the:
(a) effects of alcohol on the
				body, including behavioral cues and absorption rates;
(b) standard drink sizes and
				equivalency;
(c) methods to
				identify underage or intoxicated persons and prevent sales thereto;
(d) strategies used by underage persons to
				obtain alcohol;
(e) acceptable
				forms of identification;
(f)
				actions that can be taken to prevent an alcohol-related incident from
				occurring;
(g) maintenance of
				documentation that may affect liability, including an incident log and house
				policies; and
(h) techniques for
				denying alcohol sales.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.10 - Manufacturing Arrangements › Rule 42.13.1002 - ALTERNATING PROPRIETOR ON A MANUFACTURER'S PREMISES

Current through Register Vol. 13, July 5, 2024
(1)
				An alternating proprietor arrangement occurs when a tenant manufacturer
				utilizes the licensed premises and equipment of a host manufacturer to produce
				and/or package alcoholic beverages.
(2) The tenant must be licensed by the
				department to manufacture the alcoholic beverages to be produced and/or
				packaged.
(3) The tenant and host
				must seek the department's approval for each alternating proprietor arrangement
				necessitating approval by the Alcohol and Tobacco Tax and Trade
				Bureau.
(4) To apply, the tenant
				and host shall submit a complete application to the department that includes:
(a) documentation of Alcohol and Tobacco Tax
				and Trade Bureau approval;
(b) a
				description of the areas and equipment to be used by the tenant;
(c) a copy of the host's floor plan
				identifying the areas to be used by the tenant; and
(d) a copy of the executed agreement between
				the tenant and host.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.10 - Manufacturing Arrangements › Rule 42.13.1003 - CONTRACT MANUFACTURING

Current through Register Vol. 13, July 5, 2024
(1) Contract
				manufacturing occurs when a manufacturer utilizes its licensed premises and
				equipment to produce and/or package alcoholic beverages for another
				manufacturer to sell, called the client.
(2) The contract manufacturer and the client
				must be licensed by the department to manufacture the alcoholic beverages to be
				produced and/or packaged.
(3) The
				contract manufacturer and client must seek the department's approval prior to
				engaging in a contract manufacturing arrangement. To apply, the contract
				manufacturer and client shall submit a complete application to the department.
(4) The department shall notify
				the contract manufacturer and client in writing of its approval or denial of
				the contract manufacturing arrangement within 15 business days of receiving all
				requested information.
(5) The sale
				and distribution of alcoholic beverages manufactured by the contract
				manufacturer may only be conducted as follows:
(a) a contract manufacturer is prohibited
				from selling, providing, or distributing the product, with or without charge,
				in the contract manufacturer's sample room, on its licensed premises, or
				elsewhere;
(b) the contract
				manufacturer may only sell the product to the client; and
(c) once the client holds title to the
				product, the client must adhere to all applicable distribution requirements in
				the Montana Alcoholic Beverage Code, the same as though the client produced the
				product.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.11 - Alcoholic Beverage Retailers › Rule 42.13.1102 - ALL-BEVERAGES LICENSE - CONDITIONS FOR OPERATING

Current through Register Vol. 13, July 5, 2024
(1)
				In addition to all other alcoholic beverage licensing requirements, an
				all-beverages licensee shall:
(a) only
				purchase and possess on the premises liquor and fortified wine from an agency
				liquor store, beer from a beer wholesaler or brewery, and table wine from a
				table wine distributor or winery, except as permitted under
				16-4-213
				and
				16-6-306,
				MCA, and described in (5);
(b)
				store alcoholic beverages only on the premises or in an approved noncontiguous
				alcoholic beverage storage area or resort alternate alcoholic beverage storage
				facility, as applicable;
(c) offer
				liquor, beer, and wine for on-premises consumption;
(d) prevent the self-service of alcoholic
				beverages on the premises;
(e)
				prevent the sale of alcoholic beverages for on-premises or off-premises
				consumption between 2 a.m. and 8 a.m.;
(f) prevent the consumption or possession of
				alcoholic beverages on the premises between 2 a.m. and 8 a.m. by removing all
				alcoholic beverages other than those sold for off-premises consumption pursuant
				to (2) from individuals' possession by 2 a.m.;
(g) prevent the consumption or possession of
				alcoholic beverages on the premises by persons who are under 21 years of age or
				actually, apparently, or obviously intoxicated; and
(h) prevent the on-premises consumption of
				alcoholic beverages not sold or provided at the premises and those sold in
				original packaging, prepared servings, or growlers for off-premises
				consumption, except as described in (5).
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.11 - Alcoholic Beverage Retailers › Rule 42.13.1103 - RESTAURANT BEER AND WINE LICENSE - CONDITIONS FOR OPERATING

Current through Register Vol. 13, July 5, 2024
(1) In addition to all other alcoholic
				beverage licensing requirements, a restaurant beer and wine licensee shall:
(a) only purchase and possess on the premises
				fortified wine from an agency liquor store, beer from a beer wholesaler or
				brewery, and table wine from a table wine distributor or winery, except as
				permitted under
				16-6-306,
				MCA, and described in (5);
(b)
				store alcoholic beverages only on the premises or in an approved noncontiguous
				alcoholic beverage storage area;
(c) offer beer and wine for on-premises
				consumption;
(d) serve beer and
				wine only to patrons who order food;
(e) state alcoholic beverage sales on the
				food bill;
(f) obtain at least 65
				percent of its annual gross income from the sale of food, excluding the sale of
				nonalcoholic beverages;
(g) prevent
				the self-service of alcoholic beverages on the premises;
(h) prevent the sale of alcoholic beverages
				between 11 p.m. and 11 a.m.;
(i)
				prevent the consumption or possession of alcoholic beverages on the premises
				between 11 p.m. and 11 a.m. by removing all alcoholic beverages from
				individuals' possession by 11 p.m. other than those sold for off-premises
				consumption pursuant to (2);
(j)
				prevent the consumption or possession of alcoholic beverages on the premises by
				persons who are under 21 years of age or actually, apparently, or obviously
				intoxicated; and
(k) prevent the
				consumption of alcoholic beverages that were not purchased at the premises,
				except as described in (5).
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.11 - Alcoholic Beverage Retailers › Rule 42.13.1104 - ON-PREMISES CONSUMPTION BEER LICENSE - CONDITIONS FOR OPERATING

Current through Register Vol. 13, July 5, 2024
(1) In addition to all other alcoholic
				beverage licensing requirements, an on-premises consumption beer licensee
				shall:
(a) only purchase and possess on the
				premises beer from a beer wholesaler or brewery, except as permitted under
				16-6-306,
				MCA, and described in (6);
(b)
				store alcoholic beverages only on the premises or in an approved noncontiguous
				alcoholic beverage storage area;
(c) offer beer for on-premises
				consumption;
(d) prevent the
				self-service of alcoholic beverages on the premises;
(e) prevent the sale of alcoholic beverages
				for on-premises or off-premises consumption between 2 a.m. and 8
				a.m.;
(f) prevent the consumption
				or possession of alcoholic beverages on the premises between 2 a.m. and 8 a.m.,
				by removing all alcoholic beverages other than those sold for off-premises
				consumption pursuant to (3) from individuals' possession by 2 a.m.;
(g) prevent the consumption or possession of
				alcoholic beverages on the premises by persons who are under 21 years of age or
				actually, apparently, or obviously intoxicated; and
(h) prevent the on-premises consumption of
				alcoholic beverages not sold or provided at the premises and those sold for
				off-premises consumption pursuant to (3).
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.11 - Alcoholic Beverage Retailers › Rule 42.13.1105 - OFF-PREMISES CONSUMPTION BEER AND TABLE WINE LICENSE - CONDITIONS FOR OPERATING

Current through Register Vol. 13, July 5, 2024
(1) In addition to all other alcoholic
				beverage licensing requirements, an off-premises consumption beer and table
				wine licensee shall:
(a) only purchase and
				possess on the premises beer from a beer wholesaler or brewery and table wine
				from a table wine distributor or winery;
(b) store beer and/or table wine only on the
				premises or in an approved noncontiguous alcoholic beverage storage
				area;
(c) sell beer and/or table
				wine for off-premises consumption only in their original packages;
(d) operate as a stand-alone beer and/or
				table wine business, grocery store, or drugstore licensed as a pharmacy;
				and
(e) prevent the sale of
				alcoholic beverages between 2 a.m. and 8 a.m.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.11 - Alcoholic Beverage Retailers › Rule 42.13.1106 - ACCESS CONTROL SYSTEMS (ACS)

Current through Register Vol. 13, July 5, 2024
(1) A licensee who
				uses an ACS at the licensee's licensed premises, as provided in
				16-6-103,
				MCA, shall notify the department using a form provided by the department:
(a) at least three business days prior to the
				licensee implementing the ACS; and
(b) no later than July 1 of the renewal
				period after the licensee ceases using the ACS.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.12 - Beer Wholesalers and Table Wine Distributors › Rule 42.13.1202 - BEER WHOLESALER AND TABLE WINE DISTRIBUTOR - CONDITIONS FOR OPERATING

Current through Register Vol. 13, July 5, 2024
(1) In addition to all other alcoholic
				beverage licensing requirements, a beer wholesaler and table wine distributor
				shall:
(a) maintain a fixed place of business,
				sufficient capital, and the facilities, storehouse, receiving house, or
				warehouse for the receiving, storing, and handling of beer, table wine, and
				sacramental wine in large quantities for distribution and sale;
(b) receive beer, table wine, and sacramental
				wine from an importer, brewery, winery, wholesaler, or distributor only if:
(i) the importer, brewery, winery,
				wholesaler, or distributor is licensed by or registered with the
				department;
(ii) all product labels
				have been approved by the department; and
(iii) an agreement of distributorship
				agreement is in place between the manufacturer or importer and the wholesaler
				or distributor;
(c)
				store beer, table wine, and sacramental wine only on the premises of its
				principal place of business or the premises of its licensed
				subwarehouse;
(d) except as
				provided in
				16-3-219
				and
				16-3-418,
				MCA, deliver alcoholic beverages using its own employees, trucks, and
				equipment;
(e) sell beer, table
				wine, and sacramental wine only in its original packaging;
(f) sell and deliver beer, table wine, and
				sacramental wine under its Montana license only to other licensed wholesalers
				or distributors, licensed alcoholic beverage retailers, catered events of a
				licensed alcoholic beverage retailer, agency liquor stores, special events for
				a special permit holder, and approved noncontiguous alcoholic beverage storage
				areas or resort alternate alcoholic beverage storage facilities. This does not
				in any way prohibit the licensee from operating in compliance with other state
				or federal law;
(g) prevent the
				consumption of alcoholic beverages on the premises of its principal place of
				business and the premises of any licensed subwarehous;
(h) not possess any interest in real or
				personal property owned, occupied, or used by an alcoholic beverage retailer in
				the conduct of the retailer's business; and
(i) electronically file all required
				alcoholic beverage tax returns and pay any taxes owed as provided in
				law.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.13 - REGULATION OF LICENSEES › Subchapter 42.13.13 - Alcoholic Beverage Shipments › Rule 42.13.1301 - REPORTING REQUIREMENTS FOR COMMON CARRIERS

Current through Register Vol. 13, July 5, 2024
(1) A common carrier that delivers shipments
				identified as containing alcoholic beverages to a person or entity in the state
				shall maintain those shipping records for 30 months and, upon request from the
				department, report such deliveries to the department as provided in
				(2).
(2) Reports must be filed
				electronically on a form provided by the department on or before the 15th day
				of each January, April, July, and October for deliveries made during the
				previous quarter, and include the following information about each delivery:
(a) name and address of the consignor of the
				alcoholic beverages;
(b) name and
				address of the consignee of the alcoholic beverages;
(c) date of delivery;
(d) weight of the package; and
(e) freight tracking information for the
				shipment.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.14 - LODGING FACILITY USE TAX AND RENTAL VEHICLE USE SALES TAX › Subchapter 42.14.1 - Registration and Permits › Rule 42.14.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply to this subchapter:
(1) "Accommodations" means accommodations, as
				defined in
				15-68-101,
				MCA.
(2) "Gross receipts" means the
				total gross sales received by a seller for use of accommodations, whether the
				charges were received in cash, credits, and property or services.
(3) "Lodging facility sales and use tax," for
				the purpose of these rules, means the lodging facility use tax as it applies to
				Title 15, chapter 65, MCA, and the sales tax as it applies to Title 15, chapter
				68, MCA.
(4) "Nontaxable receipts"
				means exempt sales, as defined in ARM
				42.14.303.
				Also included are sales deemed by the seller as uncollectible which are written
				off during a calendar quarter, and any discounts which may have been included
				in gross receipts but are not part of the taxable sales price to the
				purchaser.
(5) "Online hosting
				platform sale" means any sale facilitated through an online hosting platform,
				as defined in
				15-68-101,
				MCA.
(6) "Outfitting facility"
				means a facility that:
furnishes accommodations to guests and
offers hunting, fishing, or recreational services in
				  conjunction with the services of an outfitter.
(7) "Purchaser" means a purchaser, as defined
				in
				15-68-101,
				MCA.
(8) "Rental agreement" means
				an agreement between a seller and a purchaser. Such an agreement provides
				accommodations to the purchaser for a specified period of time in exchange for
				a specified payment amount or other consideration.
(9) "Rental vehicle sales and use tax," for
				the purpose of these rules, means the sales tax on the base rental charge for
				rental vehicles as it applies in Title 15, chapter 68, MCA.
(10) "Sale" means sale as defined in
				15-68-101,
				MCA. In the case of online hosting platform sales, a sale for purposes of tax
				collection obligations occurs at the time the seller collects funds from the
				purchaser and does not include any transaction occurring between a seller and
				an online hosting platform.
(11)
				"Sales price" means sales price, as defined in
				15-68-101,
				MCA.
(12) "Seller" means a seller,
				as defined in
				15-68-101,
				MCA.
AUTH:
					 15-1-201,
					 15-65-102,
					 15-68-801,
					 MCA; IMP:
					 15-65-101,
					 15-68-101,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.14 - LODGING FACILITY USE TAX AND RENTAL VEHICLE USE SALES TAX › Subchapter 42.14.1 - Registration and Permits › Rule 42.14.102 - WHO MUST PAY THE TAX

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.14.302
15-65-102,
					 15-68-801, MCA; IMP,
					 2-18-501,
					 15-65-101,
					 15-65-111,
					 15-65-112,
					 15-68-101,
					 15-68-102,
					 15-68-501,
					 MCA;