42.12.401    DEFINITIONS

The following definitions apply to this subchapter:

(1) "Available license" means a newly created license which can be issued by the department or an existing license that can be transferred between quota areas because of:

(a) a population increase verified by the most recent census population figures; or

(b) a lapse or revocation of an existing license.

(2) "Existing license" means an on-premises or off-premises consumption retail license that is currently being used at the location in question, has been approved for nonuse status, or is a license for which a sale has occurred or is pending but not approved by the department.

(3) "Irrevocable letter of credit" means a letter of credit in which the issuing bank guarantees that it will not withdraw the credit or cancel the letter. A letter of credit may not be modified or revoked without the customer's consent.

(4) "Lottery" means an objective mechanical process to randomly select persons eligible to submit applications for available licenses.

(5) "Lottery application" means a brief application for an available license stating the applicant's name, mailing address, type of license, and quota area.

(6) "Person" means any individual, firm, partnership, limited liability company, corporation, or association.

(7) "Preference" means a priority provided to a restaurant beer and wine lottery applicant based upon eligibility.


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. 2708, 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; AMD, 2012 MAR p. 1846, Eff. 9/21/12; AMD, 2017 MAR p. 493, Eff. 4/29/17.