Title 16, Title 16

It is the intent of this part that retail establishments and manufacturers licensed to sell or serve alcoholic beverages to the public and third-party delivery services licensed to deliver or facilitate the delivery of alcoholic beverages to the public ensure that all licensees, …

As used in this part, "licensee" means a person or entity licensed by the department to sell alcoholic beverages at retail for either on-premises or off-premises consumption or to deliver or facilitate the delivery of alcoholic beverages.

(1) A licensee shall certify annually on its license renewal form that the licensee is in compliance with the provisions of this part. (2) A license renewal form that falsely includes information that the licensee, their employees, or independent contractors have been trained pur…

(1) A licensee shall: (a) require each employee who is authorized to sell, serve, or deliver alcoholic beverages in the normal course of employment and the employee's immediate supervisor to successfully complete training to ensure compliance with state law regarding the sale, se…

(1) Subject to subsection (2), the department shall certify all server and sales training programs that include the following: (a) effects of alcohol on the human body; (b) information, including criminal, civil, and administrative penalties, related to 27-1-710 and this code; (c…

The implementation and enforcement of any mandatory server, sales, and delivery training programs in this state is under the exclusive authority and jurisdiction of the department.

(1) A licensee found as a result of a routine check for compliance with 16-3-301, 16-6-304, 16-6-305, or 16-4-307 to be out of compliance with 16-4-1005 shall pay a $50 penalty for a first offense, a $200 penalty for a second offense, and a $350 penalty for a third offense in a 3…

The department shall adopt rules to implement the provisions of this part.

(1) Except as provided in subsection (4), any person desiring to manufacture, distribute, import, or sell beer under the provisions of this code shall first apply to the department for a license to do so and pay with the application fee prescribed. The department shall require of…

(1) The department shall certify all delivery training programs that include the following: (a) methods to identify and prevent sales to underage or intoxicated persons; (b) strategies used by underage persons to obtain alcohol; (c) acceptable forms of identification and procedur…

A brewery that is located in Montana and licensed to manufacture beer, upon payment to the department of an annual license fee as provided in 16-4-501 for each storage depot operated by the brewery, in addition to all other fees and taxes required to be paid by the brewery, may o…

(1) Any person desiring to possess and have beer for the purpose of retail sale under the provisions of this code shall first apply to the department for a license to do so and submit with the application the license fee. (2) On being satisfied, from the application or otherwise,…

(1) Except as provided in 16-4-109, 16-4-110, 16-4-115, 16-4-420, and chapter 4, part 3, of this title, a license to sell beer and wine at retail, in accordance with the provisions of this code and the rules of the department, may be issued to any person or business entity that i…

A transfer of any brewer's, distributor's, beer retailer's, or table wine retailer's license may be made on application to the department with the consent of the department, provided that the transferee qualifies under this code.

(1) (a) Wine, other than for personal consumption in conformity with federal exemptions from holding a basic permit as a bonded winery, may be manufactured or directly distributed to retailers within the state only by a licensed winery, and table wine may be shipped directly by a…

(1) On application, the department shall issue a retail beer and wine license, to be known as a golf course beer and wine license, for use at a golf course. The application must be made by the person or entity that owns and operates the golf course. (2) The department shall issue…

(1) On application and qualification, the department shall issue a license to sell beer and wine for consumption on the premises to: (a) a tribal alcoholic beverages licensee who operates the business within the exterior boundaries of a Montana Indian reservation under a tribal l…

(1) A winery licensed or registered in Montana under 16-4-107 may sell and ship under a direct shipment endorsement up to 18 9-liter cases of table wine annually to an individual in Montana who is at least 21 years of age for the individual's personal use and not for resale. (2) …

(1) A winery licensed or registered under 16-4-107 shall before shipping table wine directly to an individual in Montana: (a) remit an annual direct shipment endorsement fee of $50; (b) submit to the department a written statement acknowledging that the winery will contract only …

(1) Subject to a right to a hearing and the appeal process provided by the Montana Administrative Procedure Act in Title 2, chapter 4, the department may enforce the requirements of this part by suspending or revoking the direct shipment endorsement or imposing a civil penalty no…

(1) (a) A person who is licensed to sell beer and wine at retail for on-premises consumption may, on the approval of the department, be granted a catering endorsement to the license to allow the catering and sale of beer and wine to persons attending a special event on premises n…

(1) A Montana university may contract with a licensed entity with a catering endorsement under 16-4-111 to serve beer and wine or under 16-4-204 to serve liquor, beer, and wine at a sporting event held by the Montana university. (2) The licensee may contract with the Montana univ…

(1) A retail license to sell beer or table wine, or both, in the original packages for off-premises consumption may be issued only to individuals or entities qualified for licensure under 16-4-401. If the premises proposed for licensing are operated in conjunction with another bu…

(1) Except as otherwise provided by law, a license to sell liquor, beer, and table wine at retail, an all-beverages license, in accordance with the provisions of this code and the rules of the department, may be issued to any person who is approved by the department as a fit and …

(1) An original license issued pursuant to 16-4-104, 16-4-201, 16-4-208, or 16-4-213 or the transfer of ownership or location of a license issued pursuant to 16-4-104, 16-4-201, 16-4-208, or 16-4-213 may be approved if the department does not receive the minimum number of protest…

(1) (a) Except as provided in subsection (3), a license may be transferred to a new owner and to a location outside the quota area where the license is currently located only when the following criteria are met: (i) the total number of all-beverages licenses in the current quota …

(1) Subject to the provisions of 16-4-401, a person may not be issued more than seven all-beverages licenses, with the exception of: (a) resort retail all-beverages licenses issued under 16-4-213, which do not count toward this limit; and (b) a secured party issued an additional …

(1) (a) When an application has been filed with the department for a license to sell alcoholic beverages at retail issued pursuant to 16-4-104, 16-4-201, 16-4-208, or 16-4-213 or to transfer the ownership or location of a license issued pursuant to 16-4-104, 16-4-201, 16-4-208, o…

(1) The department shall issue one all-beverages license, to be known as a public airport all-beverages license, for use at each publicly owned airport served by scheduled airlines and enplaning and deplaning a minimum total of 5,000 passengers annually when: (a) application is m…

(1) Upon application and qualification, the department shall issue an all-beverages license to: (a) a tribal alcoholic beverages licensee who operates the business within the exterior boundaries of a Montana Indian reservation under a tribal license issued prior to January 1, 198…

(1) A holder of a resort all-beverages license issued under 16-4-213 may be issued a tour boat endorsement to allow the sale of alcoholic beverages to passengers on boats at least 40 feet in length and equipped to carry at least 50 passengers. (2) The endorsement must be issued u…

It is the intent and purpose of 16-4-211 through 16-4-213 to encourage the growth of quality recreational resort facilities in undeveloped areas of the state and to provide for the orderly growth of existing recreational sites by the establishment of resort areas within which ret…

(1) To obtain a resort area designation, the resort area developer or landowner must submit an application with a plat setting forth the resort area boundaries and designating the ownership of the lands within the resort area. The plat must show the location and general design of…

(1) After a resort area has been approved, applications may be filed with the department for the issuance of resort retail all-beverages licenses within the resort area. (2) (a) Except as provided in subsections (2)(b) and (2)(c), the department may issue one resort retail all-be…

(1) (a) The following organizations or institutions that conduct a special event may receive up to 12 special permits during a calendar year to sell beer and table wine to the patrons of the special event: (i) an organization or institution that has a tax-exempt designation under…

Common carriers serving Montana may serve alcoholic beverages to passengers in aircraft over or railroad cars in the state of Montana upon the issuance of a retail all-beverages license by the department for that purpose. Such licenses shall be issued on an annual basis to common…

(1) A nonprofit arts organization as defined in subsection (4) is entitled to a special beer and table wine license to sell beer and table wine to patrons of exhibitions, productions, performances, or programs sponsored or presented by the organization in a specific theatre or ot…

(1) Upon application, the department of revenue shall issue a retail beer and wine license to the Yellowstone airport, which is an airport near West Yellowstone, Montana, owned by the state of Montana and operated by the department of transportation. (2) The application must be m…

(1) The Montana heritage preservation and development commission may use Montana heritage retail alcoholic beverage licenses within the quota area in which the licenses were originally issued, for the purpose of providing retail alcoholic beverage sales on property acquired by th…

(1) A political subdivision of the state of Montana may apply to the department for the transfer of an existing retail beer and wine license and, on approval by the department, the political subdivision may own and operate the license or lease the license to a person, firm, corpo…

(1) An off-premises retail licensee as provided for in 16-4-115 shall sell beer or table wine to the end consumer for personal use only and not for resale. A third-party delivery licensee may not sell beer or table wine to the end consumer. The off-premises retail licensee must h…

For the purpose of 16-4-311 and 16-4-312, the following definitions apply: (1) "Microdistillery" means a distillery located in Montana that produces 200,000 proof gallons or less of liquor annually. (2) "Produces" means the distillation of liquor on the premises of the distillery…

(1) The department may, upon receipt of an application, issue a distillery license to a person who is authorized under the provisions of the Federal Alcohol Administration Act, 27 U.S.C. 201 through 212, to distill, rectify, bottle, and process liquor. A licensee may import, manu…

(1) A distillery located in Montana and licensed pursuant to 16-4-311 may: (a) import necessary products in bulk; (b) bottle, produce, blend, store, transport, or export liquor that it produces; (c) perform those operations that are permitted for bonded distillery premises under …

(1) The department may issue a sacramental wine license to an establishment whether located in or outside Montana that sells church supplies, including sacramental wine, at retail to rabbis, priests, pastors, ministers, or other officials of churches or other established religiou…

(1) A postsecondary institution may apply for an academic brewer license under this section that allows the licensee to brew and sell beer to distributors as provided in this section. The academic brewer license: (a) does not allow for the sale of beer at retail and does not allo…