42.12.104 ACTION TAKEN WITH CENSUS UPDATE
(1) Upon receipt of the most recent census taken under the direction of congress, or the most recent population estimates published by the bureau of the census, United States department of commerce, the department of revenue will determine the availability of any alcoholic beverages licenses subject to a quota system. The department will publish notice of increases in the availability of alcoholic beverages licenses subject to a quota limitation if the quota of licenses had previously been filled within 30 days of receipt of both city and county certified census numbers.
(2) In determining the availability of such licenses, the department will:
(a) utilize only those boundaries that are recognized by the bureau of the census; and
(b) consider the distance measurement from an incorporated city to extend in a five-mile radius but, in no case, farther than the county boundary within which the incorporated city is located.
(3) The department will determine whether a license is available for a license applicant based on the verified census data in the department's possession on the date the department received the application, except when the department has published a notice of availability of a license three months before or after receipt of the application, in which case the verified census data in the department's possession on the date the notice is published shall be used. Census data is verified when the department has confirmation the federal census bureau has declared the census data to be official, the department has calculated the license quotas from the official census data, and the department has placed the revised quotas on file.
(4) If more lottery applications are received than licenses available within a quota area, the procedure in ARM 42.12.412 is followed.
History: Sec. 16-1-303, MCA; IMP, Sec. 16-4-105, 16-4-106, 16-4-201, 16-4-203, and 16-4-502, MCA; NEW, 1981 MAR p. 689, Eff. 7/17/81; AMD, 1993 MAR p. 158, Eff. 1/29/93; AMD, 1998 MAR p. 3132, Eff. 11/20/98; AMD, 2000 MAR p. 1762, Eff. 7/14/00; AMD, 2003 MAR p. 21, Eff. 1/17/03; AMD, 2004 MAR p. 1972, Eff. 8/20/04.