(1) When an available license within a quota area is determined and public notice of the availability is required, a notice will be promptly published once a week for four consecutive weeks in the newspaper of general circulation in the quota area. There will be a deadline of ten days from the last publication date to apply for an available license. The publication notice will state:

(a) the type of license(s) available;

(b) the reason for the availability;

(c) that applicant(s) will be selected through a lottery process;

(d) the instructions for making an application; and

(e) the deadline to apply.

(2) Procedures making an available license effective require that a person apply to be included in a lottery held for their applicable county or incorporated city or town quota area. Lotteries will be conducted only for those areas that have more lottery applicants than available licenses.

(3) Lottery applications to be included in the available license lotteries can be acquired through the department.

(4) Lottery applications must state the name of the applicant(s). All potential owners with an ownership interest of 10% or more must be noted on the initial lottery application form as required for an applicant in ARM 42.12.101.

(5) For the purposes of 16-4-204, MCA, the previous 12 months is considered the period from previous lottery publications until the new estimated census in July. Only one application per lottery offering per year is allowed for licenses issued by lottery under 16-4-204, MCA.

(6) Answers to questions in the initial lottery application must be identical to answers in the subsequent application for a license. Failure to produce identical information on both documents will cause disqualification of the applicant(s).

(7) Those lottery applicants selected by the lottery process will subsequently be sent application packets to be returned to the department within 30 days of receipt. Applications not returned within the allotted time will be disqualified from the process. An additional 30 days may be granted to an applicant upon the department receiving and approving a written request by the applicant that explains the need for additional time.

(8) The following applies only to restaurant beer and wine lottery applicants:

(a) if any on-premises retail license is currently issued to the location, no restaurant beer and wine license will be considered for this location;

(b) seating capacity will be a factor in determining the allocation of the restaurant beer and wine licenses and the appropriate fees; and

(c) using the following categories, a lottery application for the restaurant beer and wine lottery must state the exact seating capacity of the restaurant:

(i) 60 persons or less;

(ii) 61 to 100 persons; or

(iii) 101 or more persons.

History: 16-1-303, MCA; IMP, 16-4-105, 16-4-201, 16-4-204, 16-4-420, 16-4-502, MCA; NEW, 1997 MAR p. 2097, Eff. 11/18/97; AMD, 1998 MAR p. 3132, Eff. 11/20/98; AMD, 2000 MAR p. 1762, Eff. 7/14/00; AMD, 2001 MAR p. 449, Eff. 3/23/01; AMD, 2003 MAR p. 21, Eff. 1/17/03; AMD, 2010 MAR p. 2225, Eff. 9/24/10.