Montana Administrative Code

42.12.501 DEFINITIONS The following definitions apply to this subchapter: "Bidder" means an individual or business entity. "Competitive bid form" means an electronic form provided by the department and submitted by a bidder, to enter a competitive bidding process. "Competitive bi…

42.12.502 PUBLISHING OF ALCOHOLIC BEVERAGE LICENSE AVAILABILITY The department shall publish the availability of a retail alcoholic beverage license, that is subject to the quota limitations in 16-4-105, 16-4-201, or 16-4-420, MCA, when: a new license becomes available in a quota…

42.12.503 RETAIL ALCOHOLIC BEVERAGE LICENSE COMPETITIVE BID FORMS Competitive bid forms must be submitted electronically to the department. The deadline to submit a bid is ten business days from the date of the last publication notice required in ARM 42.12.502(2). The department …

42.12.504 DETERMINATION OF SUCCESSFUL COMPETITIVE BIDDER AND SUBMISSION OF COMPLETED APPLICATION The department shall rank all qualified bidders by bid amount. In the event a bidder places multiple bids, the department shall accept the highest bid placed by the bidder. In the eve…

42.12.505 DETERMINATION OF BOUNDARIES FOR THE LOCATION OF PREMISES The department shall separate two or more incorporated cities or incorporated towns, pursuant to 16-4-105, 16-4-201, and 16-4-420, MCA, by using a pivotal straight line. The department shall make available maps of…

42.13.1002 ALTERNATING PROPRIETOR ON A MANUFACTURER'S PREMISES 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. The tenant must be licensed by…

42.13.1003 CONTRACT MANUFACTURING 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. The contract manufacturer and the client must be lic…

42.13.101 COMPLIANCE WITH LAWS AND RULES All licensees, their agents, employees, and concessionaires must operate in compliance with the rules of other state and local agencies and abide by all: provisions of the laws of Montana and the United States related to alcoholic beverage…

42.13.102 RETENTION OF RECORDS All records may be inspected by the department in accordance with the provisions of ARM 42.2.305. Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-1-303, MCA History: NEW, 11/3/75; AMD, 2001 MAR p. 449, Eff. 3/23/01.

42.13.103 DEPARTMENT EXAMINATIONS The department or its duly authorized representative has the right at any time to make an examination of any premises licensed for the sale of alcoholic beverages and to check the books, records, and stock-in-trade, and to make an inventory of th…

42.13.104 POSTING OF LICENSES (REPEALED) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-4-104 and 16-4-204, MCA History: NEW, Eff. 11/3/75; AMD, 1985 MAR p. 170, Eff. 2/15/85; REP, 1992 MAR p. 1244, Eff. 6/12/92.

42.13.105 APPLICABILITY OF LICENSES; PREMISES DEFINED; GOLF COURSE EXCEPTION; PORTABLE SATELLITE VEHICLE; MOVABLE DEVICES (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-3-302, 16-3-311, 16-4-109, 16-4-404, 16-6-104, MCA History: NEW, Eff. 11/3/75; AM…

42.13.106 ALTERATION OF PREMISES Any alteration to licensed premises, other than a cosmetic change, must be approved by the department. An alteration that increases the premises' square footage must receive preapproval. An alteration that does not increase the premises' square fo…

42.13.107 NONUSE STATUS The department shall grant nonuse status to a licensee who: is issued a license without an approved premises as provided in 16-4-417, MCA; or is not operating a going establishment if the licensee provides written notice to the department prior to exceedin…

42.13.108 LAPSE OF LICENSE FOR NONUSE A retail licensee shall operate the business as a going establishment unless the license has been approved for seasonal use pursuant to ARM 42.13.112 or approved for nonuse pursuant to ARM 42.13.107. The department shall lapse a license based…

42.13.109 SEVEN-DAY CREDIT LIMITATION A brewer, beer importer, beer wholesaler, winery, or table wine distributor is subject to a penalty under 16-4-406, MCA, if credible evidence demonstrates that they extended credit to a retail licensee for more than seven days or sold and del…

42.13.110 CLOSING HOURS DUE TO CHANGE TO OR FROM DAYLIGHT SAVINGS TIME Hours of operation change twice yearly due to daylight savings time. The change in time will occur at 2:00 a.m., therefore: in the fall the establishment must close at 2:00 a.m. and then set the clock back to …

42.13.1102 ALL-BEVERAGES LICENSE - CONDITIONS FOR OPERATING In addition to all other alcoholic beverage licensing requirements, an all-beverages licensee shall: only purchase and possess on the premises liquor and fortified wine from an agency liquor store, beer from a beer whole…

42.13.1103 RESTAURANT BEER AND WINE LICENSE - CONDITIONS FOR OPERATING In addition to all other alcoholic beverage licensing requirements, a restaurant beer and wine licensee shall: only purchase and possess on the premises fortified wine from an agency liquor store, beer from a …

42.13.1104 ON-PREMISES CONSUMPTION BEER AND WINE LICENSE - CONDITIONS FOR OPERATING In addition to all other alcoholic beverage licensing requirements, an on-premises consumption beer and wine licensee shall: only purchase and possess on the premises beer from a beer wholesaler o…

42.13.1105 OFF-PREMISES CONSUMPTION BEER AND TABLE WINE LICENSE - CONDITIONS FOR OPERATING In addition to all other alcoholic beverage licensing requirements, an off-premises consumption beer and table wine licensee shall: only purchase and possess on the premises beer from a bee…

42.13.1106 ACCESS CONTROL SYSTEMS (ACS) 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: at least three business days prior to the licensee implementing the ACS; and …

42.13.1107 COLOCATED LICENSE – CONDITIONS FOR OPERATING In addition to the conditions for operating the license types provided in ARM 42.13.405, 42.13.601, 42.13.802, 42.13.1102, 42.13.1103, and 42.13.1104, a colocated licensee shall: provide and serve through its retail license,…

42.13.1108 SELF-POUR DEVICES An on-premises consumption licensee who wants to use a self-pour device for customers to self-pour beer and wine, as provided in 16-3-311, MCA, must obtain department approval for the device prior to customer use. The licensee must submit a completed …

42.13.111 DEFINITIONS The following definitions apply to this chapter: "Alteration" means a structural change or a modification to the premises other than a cosmetic change. Examples include adding a patio or removing a half wall. "Building" means an enclosed structure with exter…

42.13.112 SEASONAL BUSINESS The department may approve a license for use in a seasonal business to enable closures exceeding 90 consecutive days. To request approval, the licensee shall submit a written request that includes the: type of seasonal business; justification for opera…

42.13.1202 BEER WHOLESALER AND TABLE WINE DISTRIBUTOR - CONDITIONS FOR OPERATING In addition to all other alcoholic beverage licensing requirements, a beer wholesaler and table wine distributor shall: maintain a fixed place of business, sufficient capital, and the facilities, sto…

42.13.1301 REPORTING REQUIREMENTS FOR COMMON CARRIERS 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 de…

42.13.201 LABELING AND PACKAGING REQUIREMENTS As a condition of holding a retail license, no retail licensee shall sell, offer for sale, or provide any beer, wine, or hard cider unless the label and primary packaging are in conformity with this rule and ARM 42.13.221. Alcoholic b…

42.13.202 DRAUGHT BEER AND WINE TAPS All taps or other devices used in the withdrawal of draught beer or wine from kegs for consumption on the premises of any retail licensee shall bear a prominent, easily readable label identifying the brand of beer or wine being served. Authori…

42.13.203 BEER LABEL APPROVALS All beer or malt beverage products that a brewer or beer importer desires to sell in the state of Montana must be approved by the department and conform to ARM 42.13.201 prior to the product entering the Montana market. In order to consider the prod…

42.13.204 WINE LABEL APPROVALS Each product a winery or wine importer desires to sell in the state of Montana must be approved by the department and conform to the provisions of ARM 42.13.201. In order to consider the product for approval, the department must receive copies of: a…

42.13.210 CONSUMER PROMOTIONS 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 CF…

42.13.211 PERMISSIBLE ADVERTISING No licensee shall publish or cause to be published or disseminate or cause to be disseminated any advertisement of alcoholic beverages unless such advertisement conforms with ARM 42.13.221. For the purpose of this rule, "advertising" means the pu…

42.13.212 ADVERTISING MEDIA (REPEALED) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-3-241 and 16-3-244, MCA History: NEW, Eff. 11/3/75; REP, 1998 MAR p. 2088, Eff. 7/31/98.

42.13.221 ADOPTION OF CERTAIN FEDERAL REGULATIONS 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…

42.13.222 BEER WHOLESALER AND TABLE WINE DISTRIBUTOR RECORDKEEPING REQUIREMENTS 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 followi…

42.13.301 STORAGE OF ALCOHOLIC BEVERAGES (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-1-302, 16-3-201, 16-3-301, 16-6-301, 16-6-303, MCA History: NEW, Eff. 11/3/75; AMD, 1985 MAR p. 170, Eff. 2/15/85; AMD, 1985 MAR p. 1243, Eff. 8/30/85; AMD, 2001 …

42.13.302 BREWER'S STORAGE DEPOT (Is Hereby Repealed.) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-4-102, MCA History: NEW, Eff. 11/3/75; AMD, 1979 MAR p. 1249, Eff. 10/12/79; REP, 1983 MAR p. 1928, Eff. 12/30/83.

42.13.303 BEER OR TABLE WINE STORAGE FACILITIES (Is Hereby Repealed.) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-3-230, 16-4-102, 16-4-103, and 16-6-104, MCA History: NEW, Eff. 11/3/75; AMD, 1979 MAR p. 1249, Eff. 10/12/79; AMD, 1985 MAR p. 170, E…

42.13.304 STORAGE RESULTING IN TREATMENT AS BEER WHOLESALER OR TABLE WINE DISTRIBUTOR (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-3-230, 16-4-103, 16-6-104, MCA History: NEW, Eff. 11/3/75; AMD, 1979 MAR p. 1249, Eff. 10/12/79; AMD, 1985 MAR p. 170…

42.13.305 EXCHANGE OR RETURN OF BEER OR TABLE WINE PRODUCT (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-3-201, MCA History: NEW, 2000 MAR p. 1762, Eff. 7/14/00; AMD, 2002 MAR p. 2337, Eff. 8/30/02; REP, 2017 MAR p. 493, Eff. 4/29/17.

42.13.401 IMPORTATION OF WINE 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…

42.13.402 TABLE WINE AND HARD CIDER TAX RETURN Each winery and table wine distributor shall pay any tax due and file aquarterly 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 winedistributor sold an…

42.13.403 DOMESTIC WINERY (Is Hereby Repealed.) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-3-411 and 16-4-107, MCA History: NEW, 2001 MAR p. 449, Eff. 3/23/01; REP, 2003 MAR p. 21, Eff. 1/17/03.

42.13.404 WINE REPORTING REQUIREMENTS (REPEALED) Authorizing statute(s): 16-1-303, MCA Implementing statute(s): 16-1-411, 16-3-411, 16-4-107, 16-4-1101, 16-4-1102, 16-4-1103, MCA History: NEW, 2008 MAR p. 2183, Eff. 10/10/08; AMD, 2010 MAR p. 757, Eff. 3/26/10; AMD, 2013 MAR p. 2…

42.13.405 WINERY - CONDITIONS FOR OPERATING In addition to all other alcoholic beverage licensing requirements, a winery shall: refrain from providing alcoholic beverages on the premises until the department approves a sample room; except as provided in 16-4-401(9), MCA, not poss…

42.13.406 SACRAMENTAL WINE REPORTING REQUIREMENTS The following licensed entities shall pay any tax due andfile a wine tax return on Form WITfor sacramental wine sold in Montana: sacramental wine licensees located outside Montana for sacramental wine sold to officials of churches…

42.13.501 DRIVE-UP WINDOWS (Is Hereby Repealed.) Authorizing statute(s): Sec. 16-1-303, MCA Implementing statute(s): Sec. 16-3-303, MCA, Title 16, chapter 3, part 3, MCA, and Title 16, chapter 4, MCA History: NEW, 1980 MAR p. 1087, Eff. 3/28/80; AMD, 1985 MAR p. 170, Eff. 2/15/85…

42.13.502 OPERATION OF DRIVE-UP WINDOWS (Is Hereby Re-pealed.) Authorizing statute(s): Sec. 16-1-303 MCA Implementing statute(s): Sec. 16-3-303, MCA, Title 16, chapter 3, part 3, MCA, and Title 16, chapter 4, MCA History: NEW, 1980 MAR p. 1087, Eff. 3/28/80; AMD, 1985 MAR p. 170,…