Montana Administrative Code

42.10.509 COLLECTION SERVICES FEE The department shall collect a service fee for the cost of collections. Any payment the department receives will first be applied to the collections service fee and then to the transferred debt. Any payment the submitting agency receives on a tra…

42.11.101 BUSINESS HOURS FOR STATE LIQUOR STORE (REPEALED) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-2-104, MCA History: NEW, Eff. 11/3/75; REP, 1992 MAR p. 1244, Eff. 6/12/92.

42.11.102 LICENSEE'S AGENT FOR LIQUOR PURCHASES (REPEALED) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-1-303, MCA History: NEW, Eff. 11/3/75; REP, 1992 MAR p. 1244, Eff. 6/12/92.

42.11.103 REPLACEMENT OF DEFECTIVE LIQUORS (REPEALED) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-3-103, MCA History: NEW, Eff. 9/4/75; AMD, 1979 MAR p. 1120, Eff. 9/28/79; REP, 1996 MAR p. 1161, Eff. 4/26/96.

42.11.104 CALCULATION OF POSTED PRICE The posted price of liquor is determined by: adding: the wholesale price as set forth in (2); the liquor excise tax as determined under 16-1-401, MCA; and the liquor license tax as determined under 16-1-404, MCA; dividing the total from (a) b…

42.11.105 DEFINITIONS The following definitions apply to subchapters 1, 2, and 4: "Bailment" means the product at the state liquor warehouse that is owned by the vendor. "Consumer advertising specialties" are items designed to be carried away by the consumer, including trading st…

42.11.106 REDUCTION IN STATE MARKUP FOR DISTILLERIES AT OR BELOW 25,000 PROOF GALLONS 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 …

42.11.111 STATE STAMP (REPEALED) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-2-102 and 16-3-102, MCA History: NEW, Eff. 11/3/75; REP, 1983 MAR p. 1928, Eff. 12/30/83.

42.11.112 DIVISION SHIPMENT ORDERS -- EXCEPTIONS (REPEALED) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-1-302, 16-1-303, and 16-1-304, MCA History: NEW, Eff. 11/3/75; REP, 1992 MAR p. 1244, Eff. 6/12/92.

42.11.113 SHIPPING LABELS (REPEALED) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-1-302 and 16-1-303, MCA History: NEW, Eff. 11/3/75; REP, 1992 MAR p. 1244, Eff. 6/12/92.

42.11.114 SHIPPING REQUIREMENTS (REPEALED) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-1-302 and 16-1-303, MCA History: NEW, Eff. 11/3/75; REP, 1992 MAR p. 1244, Eff. 6/12/92.

42.11.201 DEFINITIONS (REPEALED) Authorizing statute(s): 16-1-103, 16-1-303, MCA Implementing statute(s): 16-3-103, 16-3-107, MCA History: NEW, Eff. 9/4/75; AMD, Eff. 1/3/76; AMD, 1985 MAR p. 165, Eff. 2/15/85; AMD, 1987 MAR p. 1795, Eff. 10/16/87; AMD, 2001 MAR p. 449, Eff. 3/23…

42.11.205 VENDORS' EMPLOYMENT OF REPRESENTATIVES (REPEALED) Authorizing statute(s): 16-1-103, 16-1-303, MCA Implementing statute(s): 16-3-103, 16-3-107, MCA History: NEW, 1985 MAR p. 165, Eff. 2/15/85; AMD, 1987 MAR p. 1795, Eff. 10/16/87; AMD, 2001 MAR p. 449, Eff. 3/23/01; AMD,…

42.11.211 VENDOR REPRESENTATIVES 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 p…

42.11.212 RESTRICTION ON NUMBER OF REPRESENTATIVES (REPEALED) Authorizing statute(s): 16-1-103, 16-1-303, MCA Implementing statute(s): 16-3-103, 16-3-107, MCA History: NEW, Eff. 9/4/75; AMD, 1985 MAR p. 165, Eff. 2/15/85; AMD, 1987 MAR p. 1795, Eff. 10/16/87; AMD, 1993 MAR p. 158…

42.11.213 VENDOR PERMIT 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. An applicant for a vendor permit must submit an electronic application and the …

42.11.214 PERMIT AND REGISTRATION FEES (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-3-103, MCA History: NEW, Eff. 9/4/75; AMD, Eff. 1/3/76; AMD, 1985 MAR p. 165, Eff. 2/15/85; AMD, 1987 MAR p. 1795, Eff. 10/16/87; AMD, 2001 MAR p. 449, Eff. 3/23/01…

42.11.215 EXPIRATION AND RENEWAL OF REGISTRATION (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-3-103, MCA History: NEW, Eff. 9/4/75; AMD, Eff. 1/3/76; AMD, 1985 MAR p. 165, Eff. 2/15/85; AMD, 1987 MAR p. 1795, Eff. 10/16/87; AMD, 2001 MAR p. 449, Ef…

42.11.216 REFUSAL OF REGISTRATION (REPEALED) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-3-103, MCA History: NEW, Eff. 9/4/75; REP, 1985 MAR p. 165, Eff. 2/15/85.

42.11.217 CANCELLATION OF REGISTRATION (REPEALED) Authorizing statute(s): 16-1-103, 16-1-303, MCA Implementing statute(s): 16-3-107, MCA History: NEW, Eff. 9/4/75; AMD, 1985 MAR p. 165, Eff. 2/15/85; AMD, 1987 MAR p. 1795, Eff. 10/16/87; AMD, 2003 MAR p. 2899, Eff. 12/25/03; REP,…

42.11.231 VENDOR IDENTIFICATION CARDS (REPEALED) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-3-103, MCA History: NEW, Eff. 9/4/75; REP, 1985 MAR p. 165, Eff. 2/15/85.

42.11.232 REPRESENTATIVE IDENTIFICATION CARDS (REPEALED) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-3-103, MCA History: NEW, Eff. 9/4/75; AMD, 1985 MAR p. 165, Eff. 2/15/85; AMD, 1987 MAR p. 1795, Eff. 10/16/87; REP, 1992 MAR p. 1244, Eff. 6/12/92…

42.11.241 PRIVILEGES OF REGISTERED AGENTS (REPEALED) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-3-103, MCA History: NEW, Eff. 9/4/75; REP, 1985 MAR p. 165, Eff. 2/15/85.

42.11.242 INFORMATION ON STATE LIQUOR STORE INVENTORIES (REPEALED) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-3-103, MCA History: NEW, Eff. 9/4/75; AMD, 1979 MAR p. 1120, Eff. 9/28/79; AMD, 1985 MAR p. 165, Eff. 2/15/85; AMD, 1987 MAR p. 1795, Eff…

42.11.243 SAMPLES The distribution of samples in Montana may only be conducted as follows: the vendor must hold a current vendor permit as required under ARM 42.11.213; the vendor representative must be registered as required under ARM 42.11.211; except as provided for in 16-4-31…

42.11.244 RECORDS RELATED TO SAMPLES -- DEPARTMENT EXAMINATIONS 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. The department…

42.11.245 ADVERTISING SPECIALTIES 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…

42.11.251 UNLAWFUL ACTS 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 …

42.11.252 REVOCATION OR SUSPENSION OF PERMITS OR REGISTRATIONS 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 i…

42.11.301 DEFINITIONS As used in this subchapter, the following definitions apply: "Adult" means a person 18 years of age or older. "Agency liquor store" means a liquor store operated by an agent. "Agent" means a person or entity authorized under an agency franchise agreement wit…

42.11.302 CONVERSION TO AGENCY STORE (Is Hereby Repealed.) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-2-101, MCA History: NEW, 1987 MAR p. 1798, Eff. 10/16/87; REP, 1996 MAR p. 1161, Eff. 4/26/96.

42.11.303 SELECTION OF AGENT (Is Hereby Repealed.) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-2-101, MCA History: NEW, 1987 MAR p. 1798, Eff. 10/16/87; REP, 1996 MAR p. 1161, Eff. 4/26/96.

42.11.304 CLOSURE OF A STATE LIQUOR STORE (Is Hereby Repealed.) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-2-101, MCA History: NEW, 1987 MAR p. 1798, Eff. 10/16/87; REP, 1996 MAR p. 1161, Eff. 4/26/96.

42.11.305 OPENING A NEW AGENCY LIQUOR STORE 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: one agency liquor store if the population is 0 – 12,000; two agency liquor stores if …

42.11.306 COMMISSION PERCENTAGE DISCOUNT RATE REVIEW (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-2-101, MCA History: NEW, 1998 MAR p. 2498, Eff. 9/11/98; AMD, 2012 MAR p. 2631, Eff. 12/21/12; REP, 2015 MAR p. 2162, Eff. 2/1/16.

42.11.307 VOLUME OF SALES DISCOUNT RATE REVIEW (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-2-101, MCA History: NEW, 1998 MAR p. 2498, Eff. 9/11/98; AMD, 2012 MAR p. 2631, Eff. 12/21/12; REP, 2015 MAR p. 2162, Eff. 2/1/16.

42.11.308 QUALIFICATIONS FOR COMMISSION RATE REVIEW (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-2-101, MCA History: NEW, 1998 MAR p. 2498, Eff. 9/11/98; REP, 2012 MAR p. 2631, Eff. 12/21/12.

42.11.309 AGENT REQUESTED COMMISSION PERCENTAGE DISCOUNT RATE REVIEW (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-2-101, MCA History: NEW, 1998 MAR p. 2498, Eff. 9/11/98; AMD, 2000 MAR p. 1341, Eff. 5/26/00; AMD, 2012 MAR p. 2631, Eff. 12/21/12; RE…

42.11.310 SELECTION OF AGENT (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-2-101, 16-2-109, 18-4-303, 18-4-304, MCA History: NEW, 1998 MAR p. 2498, Eff. 9/11/98; AMD, 2012 MAR p. 2631, Eff. 12/21/12; REP, 2015 MAR p. 2162, Eff. 2/1/16.

42.11.311 AGENCY LIQUOR STORE PROXIMITY TO GROCERY STORES Agency liquor stores may not be located in or adjacent to grocery stores in communities with populations over 3,000. The department shall consider a retail establishment to be a grocery store if: the establishment maintain…

42.11.312 DIRECT PRODUCT DELIVERIES FROM A DISTILLERY An agency liquor store may order product directly from a distillery pursuant to 16-4-311, MCA, without notification to the department. The date of the invoice issued by the department for product an agency liquor store receive…

42.11.401 DEFINITIONS (REPEALED) Authorizing statute(s): 16-1-103, 16-1-303, MCA Implementing statute(s): 16-1-103, 16-1-104, 16-1-302, MCA History: NEW, 1988 MAR p. 87, Eff. 1/15/88; AMD, 1990 MAR p. 1839, Eff. 9/28/90; AMD, 2001 MAR p. 348, Eff. 2/23/01; AMD, 2003 MAR p. 2899, …

42.11.402 INVENTORY POLICY 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. Each product a vendor seeks to sell in Montana must be approved by …

42.11.405 PRODUCT AVAILABILITY Liquor products will be made available for sale in the following classifications: Regular products will be designated in the department's quarterly price book and have sufficient supply maintained in the state liquor warehouse in accordance with ARM…

42.11.406 PRODUCT LISTING 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: January reviews are effective May 1; April reviews are effect…

42.11.407 MINIMUM SALES STANDARDS (REPEALED) Authorizing statute(s): 16-1-103, 16-1-303, MCA Implementing statute(s): 16-1-103, 16-1-104, 16-1-302, MCA History: NEW, 1988 MAR p. 87, Eff. 1/15/88; AMD, 2001 MAR p. 348, Eff. 2/23/01; AMD, 2003 MAR p. 2899, Eff. 12/25/03; REP, 2007 …

42.11.408 PRODUCT APPROVAL PROCEDURES (REPEALED) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-1-103, 16-1-104, and 16-1-302, MCA History: NEW, 1988 MAR p. 87, Eff. 1/15/88; AMD, 1990 MAR p. 1839, Eff. 9/28/90; REP, 1996 MAR p. 1161, Eff. 4/26/96.…

42.11.409 REVISED LISTING AND OVERSTOCK 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. Inventory in excess of a historical eight-week case dema…

42.11.420 TRANSITIONAL RULE (REPEALED) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-1-103, 16-1-104, and 16-1-302, MCA History: NEW, 1988 MAR p. 87, Eff. 1/15/88; REP, 1990 MAR p. 1839, Eff. 9/28/90.

42.11.421 BAILMENT LIMITS 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). The minimum level is a historical three-week case de…