Montana Administrative Code

42.11.422 BAILMENT RECEIVINGS 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 …

42.11.423 BAILMENT DEPLETIONS The department may deplete products from the vendor's bailment inventory if the department is purchasing the product. The department shall pay the vendor for products purchased within 15 days from the close of the month as follows: for regular produc…

42.11.424 BAILMENT ADJUSTMENTS A vendor's bailment inventory will be adjusted for withdrawals, purchases, deliveries, defective merchandise, destructions, and errors. Vendors may withdraw their products from the state liquor warehouse by sending a written request to the departmen…

42.11.425 STATE LIQUOR WAREHOUSE MANAGEMENT Only department personnel are authorized to handle products in the state liquor warehouse. Vendors may arrange with the department for the temporary transfer of selected cases of product to a work area within the state liquor warehouse.…

42.11.426 BAILMENT DISPUTES 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. If an informal resolution is not successful, a vendor may contest the decision in accordan…

42.11.427 BAILMENT TRANSITION RULE (REPEALED) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-1-103, 16-1-104, and 16-1-302, MCA History: NEW, 1990 MAR p. 1839, Eff. 9/28/90; REP, 1996 MAR p. 1161, Eff. 4/26/96.

42.12.101 APPLICATION FOR LICENSE 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 l…

42.12.102 SUPPORTING DOCUMENTATION -- PUBLIC CONVENIENCE AND NECESSITY (Is Hereby Repealed.) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-4-105 and 16-4-203, MCA History: NEW, Eff. 11/3/75; AMD, 1985 MAR p. 167, Eff. 2/15/85; AMD, 1993 MAR p. 158, E…

42.12.103 SUPPORTING DOCUMENTATION -- ENTITY APPLICANTS (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-4-203, 16-4-205, 16-4-401, MCA History: NEW, Eff. 11/3/75; AMD, 1985 MAR p. 167, Eff. 2/15/85; AMD, 1993 MAR p. 434, Eff. 1/29/93; AMD, 1993 MAR p.…

42.12.104 ACTION TAKEN WITH CENSUS UPDATE 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 th…

42.12.105 ELECTRONIC SUBMISSION OF DOCUMENTS AND ELECTRONIC SIGNATURES The department may accept electronic submission of certain documents through the licensing portal. An electronically submitted document is only complete if: all requested information is provided; and the submi…

42.12.106 DEFINITIONS The following definitions apply to this chapter: "Adjacent to," with regard to alcoholic beverage advertising limitations for premises suitability, means: the premises share a common internal or external wall with the building at issue; or there is an absenc…

42.12.107 EDUCATIONAL MATERIALS 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 …

42.12.108 HEARING PROCEDURE 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 regula…

42.12.109 PROTESTS A protest letter as described in 16-4-207, MCA, must: contain statement(s) of the writer's intent that the letter be considered a protest; describe the reason for protesting the granting of a license; identify the appropriate action by: providing the license nu…

42.12.110 SERVICE OF NOTICES 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 …

42.12.111 APPLICATION FEES AND PROCESSING FEES FOR OTHER REQUESTS The fees to be charged for processing applications or other requests and submissions are as follows: All-beverages license $400 Beer importer's license $200 Combined beer wholesaler and table wine distributor licen…

42.12.112 ADDITIONAL FEE FOR CENSUS (Is Hereby Repealed.) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-4-201 and 16-4-502, MCA History: NEW, Eff. 11/3/75; REP, 1985 MAR p. 167, Eff. 2/15/85.

42.12.113 LICENSE FEES FOR COMBINED POPULATION AREAS (Is Hereby Repealed.) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-4-105, 16-4-201, and 16-4-501, MCA History: NEW, 1977 MAR p. 967, Eff. 11/26/77; REP, 1992 MAR p. 1244, Eff. 6/12/92.

42.12.114 LICENSE FEES New licenses issued are assessed an annual license fee in accordance with 16-4-501, MCA. All licenses must be renewed and the annual license fee paid on or before the due date of each year. A change in a license designation due to a change in quota area may…

42.12.115 ASSESSMENT OF LICENSE RENEWAL LATE-PAYMENT FEE - GROUNDS FOR WAIVER The department will assess a license renewal late-payment fee in all cases where a licensee fails to pay the license renewal fee on or before the due date. The renewal application and fee are timely fil…

42.12.116 CONCURRENT APPLICATIONS An application received for a premises for which an application is pending, as defined in 16-4-412 , MCA, shall be returned to the applicant with an explanation that the applicant cannot be considered because there is a previous application pendi…

42.12.117 SUBSTANTIALLY DIFFERENT USE If an applicant has been denied a license under 16-4-405 , MCA, a new application cannot be considered for five years unless the department determines there has been a change great enough to be easily recognizable. The department will conside…

42.12.118 ABBREVIATED APPLICATION FOR LICENSE MODIFICATION An abbreviated application may be used to modify a license as set forth in (2) and (3). The application process in ARM 42.12.101 shall be followed in all other cases. A licensee must submit an abbreviated application with…

42.12.121 PROCESSING OF APPLICATION (Is Hereby Repealed.) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Title 16, chapter 4, MCA History: NEW, Eff. 11/3/75; AMD, 1985 MAR p. 167, Eff. 2/15/85; REP, 2000 MAR p. 1762, Eff. 7/14/00.

42.12.122 SUITABILITY OF LICENSED PREMISES (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-3-311, 16-4-402, 16-4-405, MCA History: NEW, Eff. 11/3/75; AMD, 1992 MAR p. 2187, Eff. 9/25/92; AMD, 1993 MAR p. 2423, Eff. 10/15/93; AMD, 1997 MAR p. 1825, Eff…

42.12.123 CONDUCT OF OTHER ACTIVITIES ON PREMISES (Is Hereby Repealed.) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-1-303 and 16-4-402, MCA History: Eff. 11/3/75; AMD, 1985 MAR p. 167, Eff. 2/15/85; REP, 1985 MAR p. 1155, Eff. 8/16/85.

42.12.124 REJECTION OF APPLICATION BECAUSE OF NUMBER OF EXISTING LICENSES Applicants shall be notified that the issuance of a new license or transfer will not be allowed by the department when: the number of licenses of each type already issued for the quota area is equal to or e…

42.12.125 COMBINED AREA QUOTAS (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-4-105, 16-4-201, MCA History: NEW, 1977 MAR p. 966, Eff. 11/26/77; AMD, 1978 MAR p. 394, Eff. 3/25/78; AMD, 1985 MAR p. 167, Eff. 2/15/85; REP, 2018 MAR p. 1613, Eff. 8/11/…

42.12.126 OFF-PREMISES SALE OF BEER OR TABLE WINE (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-4-115, MCA History: NEW, Eff. 11/3/75; AMD, 1979 MAR p. 1249, Eff. 10/12/79; AMD, 1985 MAR p. 167, Eff. 2/15/85; AMD, 1992 MAR p. 1244, Eff. 6/12/92; AMD…

42.12.127 WINE LICENSE AMENDMENT (Is Hereby Repealed.) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-4-105, MCA History: NEW, Eff. 11/3/75; AMD, 1980 MAR p. 431, Eff. 2/1/80; AMD, 1985 MAR p. 167, Eff. 2/15/85; REP, 2000 MAR p. 1762, Eff. 7/14/00.…

42.12.128 CATERING ENDORSEMENT; CATERED EVENTS; EVENT BARRIERS Any licensee having obtained a catering endorsement under the provisions of 16-4-111 or 16-4-204, MCA, is authorized to sell alcoholic beverages authorized under the license to persons attending a catered event sponso…

42.12.129 DETERMINATION OF PROXIMITY TO PLACE OF WORSHIP OR SCHOOL In order to apply the provisions of 16-3-306, MCA, the department must find: the entrance doors of the premises proposed for licensing and the entrance doors of the place of worship or school are situated on the s…

42.12.130 DETERMINATION OF LICENSE QUOTA AREAS Any applicant applying to the department for a new license or transfer of location of an existing license under the quota limitations provided for under 16-4-105, 16-4-201, and 16-4-420, MCA, must submit to the department the legal d…

42.12.131 APPLICATIONS FOR LICENSES AVAILABLE IN QUOTA AREAS, AND APPLICATION PROCESSING TIMES When the department is not required to conduct a competitive bidding process for an available license in a quota area, applications will be processed on a first-come, first-served basis…

42.12.132 LOCATION MANAGER All on-premises retailers, off-premises retailers, manufacturers, and distributors shall designate at least one location manager, which may be a person or an entity providing location management services, to oversee the alcoholic beverage operations and…

42.12.133 CONCESSION AGREEMENTS Concession agreements, authorized to the licensees specifiedunder 16-4-213(7) and16-4-418, MCA, are written agreements, which may be in the form of a standalone contract or a department-approved, standard agreement,thatformalize how a licensee will…

42.12.139 CONDITIONS AND QUALIFICATIONS SPECIFIC FOR A MANUFACTURER OF BEER, WINE, OR DISTILLED SPIRITS LICENSE (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-3-213, 16-3-214, 16-3-411, 16-4-102, 16-4-311, 16-4-312, 16-4-402, MCA History: NEW, 2012 M…

42.12.141 LICENSED ENTITIES No alcoholic beverages license shall be issued to an entity unless the entity has been authorized to do business in Montana prior to making application for an alcoholic beverages license. An entity's application must be accompanied by the following, as…

42.12.142 CHANGE IN CORPORATE STRUCTURE (Is Hereby Repealed.) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-4-205 and 16-4-401, MCA History: NEW, Eff. 11/3/75; AMD, 1985 MAR p. 167, Eff. 2/15/85; REP, 2000 MAR p. 1762, Eff. 7/14/00.

42.12.143 RESTRICTION ON INTEREST IN OTHER LICENSES For purposes of this rule, any ownership interest in a business that operates a license issued under the Montana Alcoholic Beverage Code is considered to be an ownership interest in the license itself. A Montana all-beverages li…

42.12.144 TRANSFERS BETWEEN QUOTA AREAS - PROCEDURES AND DOCUMENTATION An applicant applying to the department to transfer an all-beverages license under the provisions of 16-4-204, MCA, may negotiate a bona fide sale with the owner of a license, located in a quota area from whic…

42.12.145 ON-PREMISES CONSUMPTION BEER AND ALL-BEVERAGE LICENSE - PREMISES SUITABILITY REQUIREMENTS The department shall determine the suitability of the premises where an on-premises consumption beer and wine or all-beverage retailer proposes to operate a license, when a party a…

42.12.146 RESTAURANT BEER AND WINE LICENSE - PREMISES SUITABILITY REQUIREMENTS The department shall determine the suitability of the premises where a restaurant beer and wine retailer proposes to operate a license, when a party applies to obtain a license, transfers ownership int…

42.12.147 OFF-PREMISES BEER AND TABLE WINE LICENSE - PREMISES SUITABILITY REQUIREMENTS The department shall determine the suitability of the premises where an off-premises beer and table wine retailer proposes to operate a license when a party applies to obtain a license, transfe…