Montana Administrative Code

42.12.148 BEER WHOLESALER AND TABLE WINE DISTRIBUTOR - PREMISES SUITABILITY REQUIREMENTS The department shall determine the suitability including any subwarehouse where a beer wholesaler and table wine distributor proposes to operate a license when a party applies to obtain a lic…

42.12.149 WINERY, BREWERY, AND DISTILLERY - PREMISES SUITABILITY REQUIREMENTS The department shall determine the suitability of the premises where an alcoholic beverage manufacturer proposes to operate a license, when a party applies to obtain a license, transfers ownership inter…

42.12.150 ALCOHOLIC BEVERAGE INDUSTRY TRADE SHOWS For the purpose of this rule, an alcoholic beverage industry trade show means an event sponsored by the department, another state agency of Montana, or a nonprofit association representing an alcoholic beverage group, where alcoho…

42.12.151 LIMITED ALL-BEVERAGES LICENSE FOR CONTINUING CARE RETIREMENT COMMUNITY – CAMPUS AND PREMISES SUITABILITY REQUIREMENTS AND CONDITIONS FOR OPERATING The department shall determine the suitability of the campus and premises when a continuing care retirement community appli…

42.12.152 NONCONTIGUOUS ALCOHOLIC BEVERAGE STORAGE AREAS; RESORT ALTERNATE RETAIL ALCOHOLIC BEVERAGE STORAGE FACILITIES The use of a noncontiguous alcoholic beverage storage area by an on-premises retail licensee is permissible, as provided in 16-3-311, MCA. Except for a nonconti…

42.12.153 ADDITIONAL RETAIL SERVICE BUILDINGS OR STRUCTURES In addition to the main licensed premises, a golf course beer and wine licensee or an all-beverages licensee operating a license at a golf course may use an additional building or structure, one per nine holes of the gol…

42.12.154 GUEST RANCHES An all-beverages licensee, an on-premises consumption beer and wine licensee, or an applicant for an all-beverages license or an on-premises consumption beer and wine license operating its license at a guest ranch, as described in 16-3-302(5), MCA, shall s…

42.12.155 THIRD-PARTY DELIVERY LICENSE AND THIRD-PARTY DELIVERY DRIVERS An application for a third-party delivery license shall be made through the department’s online licensing portal. In addition to the license application, the applicant must pay the initial license fee require…

42.12.201 ASSIGNMENT OR TRANSFER OF LICENSE (Is Hereby Repealed.) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-4-204, MCA History: NEW, Eff. 11/3/75; REP, 1985 MAR p. 167, Eff. 2/15/85.

42.12.202 TRANSFERS WITHIN COMBINED AREAS (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,…

42.12.203 INTER-QUOTA AREA TRANSFERS (Is Hereby Repealed.) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-4-201, MCA History: NEW, 1978 MAR p. 727, Eff. 5/26/78; AMD, 1984 MAR p. 326, Eff. 2/17/84; REP, 1992 MAR p. 1244, Eff. 6/12/92.

42.12.204 TREATMENT OF A LICENSE OF AN INCAPACITATED OR DECEASED LICENSEE; NOTICE AND DOCUMENTATION REQUIREMENTS Pursuant to 16-4-431, MCA, in the event of the death or the judicial determination of incapacity of a licensee, the appointed conservator, guardian, personal represent…

42.12.205 REQUIREMENTS WHEN LICENSE SUBJECT TO LIEN All-beverages and on-premises beer and wine licenses may be subject to a mortgage, security interest, and other valid lien. Upon written request to the department, accompanied by a copy of the note or mortgage, security agreemen…

42.12.206 PROHIBITION AND EXCEPTION REGARDING LEASING OF LICENSE A license issued under the provisions of Title 16, chapter 4, parts 1 through 5, MCA, is a privilege personal to the licensee, and in no case shall the licensee lease the license to any other person. Golf course bee…

42.12.207 APPLICATION APPROVED SUBJECT TO FINAL INSPECTION OF PREMISES (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-4-104, 16-4-106, 16-4-201, 16-4-402, 16-4-404, MCA History: NEW, 1985 MAR p. 167, Eff. 2/15/85; AMD, 1993 MAR p. 158, Eff. 1/29/93; …

42.12.208 TEMPORARY OPERATING AUTHORITY The department may grant an applicant temporary operating authority, as provided in 16-4-433, MCA. The applicant must submit an application meeting the requirements of ARM 42.12.101 and intend to operate the licensed business pending final …

42.12.209 TRANSFER OF OWNERSHIP OF A LICENSE An ownership interest may be transferred to another qualified person only pursuant to means legally authorized for the transfer of personal property in Montana, such as when the person: is a purchaser upon a bona fide sale; is the dist…

42.12.210 COMPLETED TRANSACTIONS UNDER BONA FIDE SALES A transaction under a bona fide sale is complete only if the department receives an application for a license submitted pursuant to ARM 42.12.101, and the department approves the application pursuant to 16-4-402, MCA, and thi…

42.12.211 TRANSFER OF A LICENSE DUE TO FORECLOSURE A transfer of a license resulting from a foreclosure on a security interest requires an application to transfer the license to the secured party, if the secured party intends to operate the license, pursuant to ARM 42.12.101. Thi…

42.12.212 LOAN STANDARDS The department will further evaluate a designated loan to determine if the transaction is in reality a loan or an ownership interest. A review of the transaction will be conducted by using standards found either in the Uniform Commercial Code, the Interna…

42.12.213 DEFINITIONS (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-4-401, 16-4-402, 16-4-404, 16-4-801, MCA History: NEW, 2011 MAR p. 165, Eff. 2/11/11; REP, 2017 MAR p. 493, Eff. 4/29/17.

42.12.221 PENALTIES FOR VIOLATION OF RULES OR STATUTES (Is Hereby Repealed.) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): 16-3-301, 16-4-406, 16-6-305, and 16-6-314, MCA History: NEW, Eff. 11/3/75; AMD, 1985 MAR p. 167, Eff. 2/15/85; REP, 1992 MAR p. 1244, …

42.12.222 PROCEDURE UPON REVOCATION, LAPSE, OR SUSPENSION OF LICENSE When any alcoholic beverages license is suspended or revoked by the department, the department shall cause a notice to be posted on the inside of the licensed premises so that the notice can be seen from the out…

42.12.301 RESORT LICENSES; NON-RESORT LICENSES OPERATING ON RESORTS; DELIVERY AND CURBSIDE PICKUP The issuance of resort all-beverages licenses pursuant to 16-4-213, MCA, is governed by all other applicable provisions of Title 16, MCA, and the rules of the department. Other non-r…

42.12.302 DEFINITIONS The following definitions apply to this subchapter: "Conduct" means to develop, direct, manage and control the event. "Consideration" means the receiving of money or other compensation for providing a service, such as a charge for admission or other refreshm…

42.12.303 APPRAISAL (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-4-201, 16-4-202, MCA History: NEW, Eff. 11/3/75; AMD, 1985 MAR p. 167, Eff. 2/15/85; AMD, 2000 MAR p. 1762, Eff. 7/14/00; REP, 2020 MAR p. 697, Eff. 4/18/20.

42.12.304 PLAT VERIFICATION (Is Hereby Repealed.) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-4-201 and 16-4-202, 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.

42.12.305 REQUIRED ACCOMMODATIONS (Is Hereby Repealed.) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-4-201 and 16-4-202, 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.

42.12.306 FINANCIAL RESPONSIBILITY (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-4-201, 16-4-202, MCA History: NEW, Eff. 11/3/75; AMD, 1985 MAR p. 167, Eff. 2/15/85; AMD, 2000 MAR p. 1762, Eff. 7/14/00; REP, 2020 MAR p. 697, Eff. 4/18/20.

42.12.307 RESORT AREA DETERMINATION APPLICATION PROCESS A developer or landowner seeking a resort area designation shall submit to the department, at its sole expense: a completed application for resort area determination; a plat or master plan of the resort area; details of the …

42.12.311 PASSENGER CARRIER LICENSE (Is Hereby Repealed.) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-1-402, 16-1-403, 16-4-302, and 16-4-501, MCA History: NEW, Eff. 11/3/75; REP, 1985 MAR p. 167, Eff. 2/15/85.

42.12.312 LIQUOR MANUFACTURER'S LICENSE (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-1-201, 16-4-312, 16-4-501, MCA History: NEW, Eff. 11/3/75; AMD, 1985 MAR p. 167, Eff. 2/15/85; AMD, 2001 MAR p. 449, Eff. 3/23/01; AMD, 2010 MAR p. 2227, Eff. 9/24…

42.12.313 PUBLIC WINE OR BEER TASTINGS Beer or wine tastings must be conducted by an on-premises consumption retail licensee, special permittee, or an on-premises consumption retail licensee with catering endorsement. In no case can a table wine distributor, a beer wholesaler, a …

42.12.314 RESTAURANT BEER AND WINE SERVICE OPERATIONS (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-4-420, MCA History: NEW, 2010 MAR p. 2227, Eff. 9/24/10; REP, 2017 MAR p. 493, Eff. 4/29/17.

42.12.315 SACRAMENTAL WINE LICENSE An establishment desiring to sell sacramental wine pursuant to 16-4-313, MCA, may apply to the department by submitting a license application accompanied by a $100 licensing fee. The license renewal fee every year thereafter is $50 and must be r…

42.12.316 SACRAMENTAL WINE SALES RESTRICTIONS BY ALCOHOL CONTENT Sacramental wine may be sold in Montana only in conformity with the guidelines provided in (2) through (6) of this rule. Sacramental wine licensees may sell sacramental wine containing up to 24 percent alcohol by vo…

42.12.317 SACRAMENTAL WINE MONTHLY REPORTS AND TAX RETURNS (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-1-411, 16-4-313, MCA History: NEW, 2014 MAR p. 1277, Eff. 6/13/14; REP, 2019 MAR p. 2058, Eff. 11/9/19.

42.12.321 APPLICATION FOR SPECIAL PERMIT (Is Hereby Repealed.) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-4-301, MCA History: NEW, Eff. 11/3/75; REP, 1984 MAR p. 325, Eff. 2/17/84.

42.12.322 PROCESSING OF SPECIAL PERMIT APPLICATION (Is Hereby Repealed.) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-4-301, MCA History: NEW, Eff. 11/3/75; REP, 1984 MAR p. 325, Eff. 2/17/84.

42.12.323 PERMISSIBLE AND PROHIBITED SPECIAL PERMIT ACTIVITIES A special permit issued pursuant to 16-4-301, MCA, entitles the holder to sell and serve beer and/or table wine at retail only at a booth, stand, or other fixed place of business within the exhibition enclosure, confi…

42.12.324 SPECIAL PERMITS A special permit application must be completed and approved by the department when requesting the ability to sell beer and table wine to patrons attending a special event. The holder of a special permit must abide by all applicable laws governing the ret…

42.12.401 DEFINITIONS (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-4-105, 16-4-201, 16-4-204, 16-4-420, 16-4-502, MCA History: NEW, 1997 MAR p. 2097, Eff. 11/18/97; AMD, 1998 MAR p. 3132, Eff. 11/20/98; AMD, 2000 MAR p. 2708, Eff. 7/14/00; AMD, 200…

42.12.404 APPLICATION LIMITATION PER PREMISES (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-4-420, MCA History: NEW, 1997 MAR p. 2097, Eff. 11/18/97; AMD, 1998 MAR p. 3132, Eff. 11/20/98; AMD, 2003 MAR p. 21, Eff. 1/17/03; REP, 2018 MAR p. 1613, Eff…

42.12.405 RESTAURANT BEER AND WINE LICENSE APPLICATION FEES (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-4-420, MCA History: NEW, 1998 MAR p. 3221, Eff. 11/20/98; AMD, 2000 MAR p. 1762, Eff. 7/14/00; AMD, 2003 MAR p. 21, Eff. 1/17/03; AMD, 2010 MAR…

42.12.406 LOTTERY APPLICATION PROCESS (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-4-105, 16-4-201, 16-4-204, 16-4-420, 16-4-502, MCA History: NEW, 1997 MAR p. 2097, Eff. 11/18/97; AMD, 1998 MAR p. 3132, Eff. 11/20/98; AMD, 2000 MAR p. 1762, Eff. 7…

42.12.408 FINAL APPLICATION PROCESS FOLLOWING SUCCESSFUL APPOINTMENT UNDER A LOTTERY (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-4-420, MCA History: NEW, 1997 MAR p. 2097, Eff. 11/18/97; AMD, 2000 MAR p. 1762, Eff. 7/14/00; AMD, 2010 MAR p. 2225, …

42.12.410 WHEN LOTTERY WILL NOT BE HELD (Is Hereby Repealed.) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-4-420, MCA History: NEW, 1997 MAR p. 2097, Eff. 11/18/97; AMD, 1998 MAR p. 3132, Eff. 11/20/98; REP, 2001 MAR p. 449, Eff. 3/23/01.

42.12.412 WHEN LOTTERY WILL BE HELD (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-4-420, MCA History: NEW, 1997 MAR p. 2097, Eff. 11/18/97; AMD, 1998 MAR p. 3132, Eff. 11/20/98; AMD, 2003 MAR p. 21, Eff. 1/17/03; AMD, 2010 MAR p. 2225, Eff. 9/24/10;…

42.12.414 HOW APPLICANTS WILL BE CHOSEN (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-4-105, 16-4-201, 16-4-204, 16-4-420, 16-4-502, MCA History: NEW, 1997 MAR p. 2097, Eff. 11/18/97; AMD, 1998 MAR p. 3132, Eff. 11/20/98; AMD, 2010 MAR p. 2225, Eff.…

42.12.416 ALTERATION OF PREMISES FOLLOWING RECEIPT OF RESTAURANT BEER/WINE LICENSE - SEATING CAPACITY (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-4-420, MCA History: NEW, 1997 MAR p. 2097, Eff. 11/18/97; REP, 2018 MAR p. 1613, Eff. 8/11/18.