Title 16, Title 16

(1) Except as provided for small breweries in subsection (2) and except as provided in 16-4-401(9), it is unlawful for any brewer or breweries or beer importer to have or own any permit to sell or retail beer at any place or premises. It is the intention of this section to prohib…

(1) Subject to the limitations and restrictions contained in this code, a brewer who manufactures less than 60,000 barrels of beer a year, upon payment of the annual license fee imposed by 16-4-501 and upon presenting satisfactory evidence to the department as required by 16-4-10…

Every railroad and every motor carrier transporting beer manufactured out of this state from points without this state and delivering the same to points within this state shall, if requested by the department, on or before the 15th day of each month, make an exact return to the d…

(1) (a) Except as provided in subsection (3), it is unlawful for any brewer, beer importer, or distributor to lease, furnish, give, or pay for any premises, furniture, fixtures, equipment, or any other advertising matter or any other property to a retail licensee, used or to be u…

(1) A brewer or beer importer may not advance or loan money to or furnish money for or pay for or on behalf of any retailer any license or tax that may be required to be paid for any retailer. A brewer or beer importer may not be financially interested, either directly or indirec…

(1) A brewer, beer importer, or distributor may not sell or deliver beer unless a retail licensee pays within 7 days of the delivery and may not extend more than 7 days' credit for payment for the beer to the retail licensee. (2) A retail licensee shall pay a brewer, beer importe…

(1) Except as provided in subsection (2), it is lawful to advertise beer, as defined and regulated, subject to the restrictions on brewers and beer importers contained in 16-3-241 and subject to the following restrictions on retailers. A retail licensee may not display or permit …

(1) Except as allowed in 16-4-213(8), it is unlawful for a licensed retailer to: (a) purchase or acquire beer or wine from anyone except a brewery, winery, or distributor licensed under the provisions of this code; (b) purchase or acquire table wine from anyone except a liquor st…

(1) It is lawful for a licensed retailer to sell and serve beer, either on draft or in containers, to the public to be consumed on the premises of the retailer. (2) It is lawful for a licensee who has an all-beverages license that the licensee uses at a golf course to sell alcoho…

It is lawful for an on-premises retailer to sell or furnish beer to the public in its original package, in prepared servings, or in growlers, and the beer must be taken away from the premises of the retailer for consumption off the premises of the retailer. Growlers may not be fi…

Except as provided in 16-3-305, all licensed establishments wherein alcoholic beverages are sold, offered for sale, or given away at retail shall be closed each day between 2 a.m. and 8 a.m.; provided, however, that when any municipal incorporation has by ordinance further restri…

During the hours when the licensed establishments where alcoholic beverages are sold at retail are required by this code to be closed, it shall be unlawful to sell, offer for sale, give away, consume, or allow the consumption of alcoholic beverages. When an establishment licensed…

(1) Except as provided in subsections (2) through (4), a retail license may not be issued pursuant to this code to any business or enterprise whose premises are within 600 feet of and on the same street as a building used exclusively as a church, synagogue, or other place of wors…

Except as provided in 16-2-201, it is unlawful for a licensee under the provisions of this code to resell liquor purchased by the licensee from an agency liquor store for a sum less than the posted price established by the department.

(1) A person who sells or offers liquor for sale, or an agent or employee of the person, may not: (a) place in any liquor bottle any liquor other than that contained in the bottle at the time of bottling by an alcoholic beverage manufacturer; (b) possess any liquor bottle in whic…

(1) An incorporated city may enact an ordinance defining certain areas in its incorporated limits where alcoholic beverages may or may not be sold. (2) A county may enact an ordinance or resolution defining certain areas in the county, not within the incorporated limits of a city…

(1) Any retail license issued pursuant to this code (including any retail license to sell beer and table wine for off-premises consumption) not actually used in a going establishment for 90 days must automatically lapse if the licensee does not notify the department within the 90…

(1) (a) A licensed retailer may use a part of a building as premises licensed for on-premises consumption of alcoholic beverages, except as otherwise allowed in 16-3-302. The licensed retailer must demonstrate that it has adequate control over all alcoholic beverages to prevent s…

(1) Licensed entities and agency liquor stores provided under subsection (3) may offer curbside pickup. (2) Curbside pickup constitutes the sale of alcoholic beverages in original packaging, prepared servings, or growlers that was ordered online, through the phone, or in person, …

(1) A business that scans a physical or digital version of a person's government or tribal-issued identification to determine the person's age solely for the sale of age-restricted items: (a) shall use data or metadata from the scan only to determine the person's age; (b) may not…

(1) A nonprofit organization governed under Title 35, chapter 2, or an organization designated as tax-exempt under the provisions of section 501(c) of the Internal Revenue Code, 26 U.S.C. 501(c), as amended, may raffle or auction alcoholic beverages at fundraising events. Any alc…

(1) A licensee may not sell a keg of beer unless an identification tag is attached to the keg by the licensee. (2) An identification tag must consist of paper, plastic, metal, or durable material that is not easily damaged or destroyed. An identification tag may be attached to a …

(1) A licensee, at the time of the sale of a keg, shall record the following: (a) the purchaser's name, address, and date of birth and the number of the purchaser's driver's license, state-issued or military identification card, tribal identification card, or valid United States …

(1) A law enforcement officer may not request information on file about the original purchaser of a keg unless in connection with a violation of 16-6-305, 45-5-623, or 45-5-638(4). The officer shall return any recovered keg to the licensee and verify the information on file about…

(1) A person who knowingly fails to attach a keg tag as provided in 16-3-321 is guilty of a misdemeanor and shall be fined an amount not to exceed $100. (2) A person may not remove, deface, or damage the identification on a keg purposely to make it unreadable. A person convicted …

(1) Except as provided in 16-3-411, 16-4-313, and Title 16, chapter 4, part 11, all table wine manufactured outside of Montana and shipped into Montana must be consigned to and shipped to a licensed distributor and be unloaded by the distributor into the distributor's warehouse i…

Every railroad, motor carrier, and airline transporting table wine manufactured out of this state from points outside this state and delivering to points within this state shall, if requested by the department, on or before the fifteenth day of each month, make an exact return to…

(1) A winery may not advance or loan money to, or furnish money for, or pay for or on behalf of any retailer any license or tax that may be required to be paid by any retailer, and a winery may not be financially interested, either directly or indirectly, in the conduct or operat…

(1) A winery located in Montana and licensed pursuant to 16-4-107 may: (a) import in bulk, bottle, produce, blend, store, transport, or export wine it produces; (b) sell table wine it produces at wholesale to distributors or liquor store agents; (c) sell wine it produces at retai…

(1) This part may be cited as the "Beer and Table Wine Distribution Act". (2) The public policy of the state of Montana is to maintain a system to provide for, regulate, and control the acquisition, importation, and distribution of beer and table wine. (3) The legislature finds a…

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Agreement of distributorship" means a contract, agreement, commercial relationship, license, or other arrangement for a definite or an indefinite period of time between a supplier a…

(1) A person desiring to sell and distribute beer, table wine, or sacramental wine at wholesale to licensed retailers or table wine to agency liquor stores under the provisions of this code shall apply to the department for a license to do so and shall submit with the application…

A distributor may not advance or loan money to or furnish money for or pay for or on behalf of any retailer any license or tax that may be required to be paid for any retailer. A distributor may not be financially interested, either directly or indirectly, in the conduct or opera…

(1) A brewery or beer importer and distributor must have a written agreement of distributorship that provides for purchase of the brewery or beer importer's products from the brewery or beer importer by the distributor. (2) A beer agreement of distributorship must provide: (a) th…

(1) A winery or wine importer and distributor must have a written agreement of distributorship that provides for purchase of the winery or wine importer's products from the winery or wine importer by the distributor. (2) A table wine agreement of distributorship must provide that…

(1) An agreement of distributorship for a winery or wine importer's product must provide that a distributor shall: (a) maintain the financial and competitive capability to efficiently and effectively distribute a winery or wine importer's products; (b) maintain the quality and in…

(1) A winery or wine importer may appoint one or more distributors to distribute its table wines in a specified territory. If the winery or wine importer appoints two or more distributors to sell its table wines in the same or overlapping territories, the winery or wine importer …

(1) A distributor appointed to distribute a brand of beer within a territory specified by agreement pursuant to 16-3-505 shall call on and offer that brand to at least 75% of the retailers within that territory at least every 3 weeks. However, if the brand of beer for which the d…

(1) A winery or wine importer or an officer, agent or representative of a winery or wine importer may not: (a) coerce, induce, or attempt to coerce or induce a distributor to engage in an illegal act or course of conduct; (b) require a distributor to accept delivery of a product …

A distributor may sell or transfer the business or an interest in the business to any person or to one or more members of the distributor's family or heirs or legatees, whether the distributor operates as an individual, a partnership, or corporation. However, the consent of the b…

The doing or accomplishing of any of the following acts constitutes prima facie evidence of a contractual or franchise relationship between a licensed distributor and a brewer, beer importer, winery, or wine importer within the intention of this part: (1) the shipment, preparatio…

Within 60 days after entering into a new agreement, an exact copy of all agreements, contracts, or franchises between a brewer, beer importer, winery, or wine importer and a distributor must be filed by the distributor with the department as a public document and must be availabl…

Except as provided in 16-3-214 and 16-4-401(9)(e), all beer that is to be distributed in Montana, whether manufactured outside of or within the state of Montana, must be consigned to and shipped, either directly or via a licensed storage depot, to a licensed distributor and unloa…

(1) A distributor may sell and deliver beer purchased or acquired by the distributor to another distributor, retailer, or common carrier licensed under this code. (2) A distributor may sell and deliver table wine and sacramental wine purchased or acquired by the distributor to an…

(1) Except as provided in subsections (2) through (4), beer may not be delivered to a licensed retailer at any location other than the retailer's licensed premises, noncontiguous storage areas under 16-3-311(6), and resort alternate storage facilities under 16-4-213(8). (2) An al…

A distributor may not give, sell, deliver, or distribute any beer, table wine, or sacramental wine purchased or acquired by the distributor to the public.