42.12.144 TRANSFERS BETWEEN QUOTA AREAS - PROCEDURES AND DOCUMENTATION
(1) An applicant applying to the department to transfer an all-beverages license under the provisions of 16-4-204, MCA, may negotiate a bona fide sale with the owner of a license, located in a quota area from which that license may be transferred, to purchase a license and, if no lottery drawing is required, submit an application for transfer of ownership and location in compliance with ARM 42.12.209 and 42.12.210.
(2) An applicant applying to the department to transfer an all-beverages license under the provisions of 16-4-204, MCA, whose lottery entry is successful in a lottery drawing, is required to have entered into an agreement to purchase a transferable license within 60 days after the lottery drawing and submit additional documents needed to effect a transfer of ownership and location. However, additional time can be requested and approved by the department when the applicant can demonstrate that the applicant is actively pursuing the purchase of a license, and that failure to purchase a license is through no fault of the applicant. The additional time is not to exceed 60 days. An additional fee is required to cover the costs of republishing the transfer notice in a newspaper within the area from which the license is proposed to be transferred.
(3) Documentation required under (1) and (2) includes:
(a) documents required for the application to be considered a complete application as defined in ARM 42.12.106;
(b) a request for termination of existing secured parties' interest and the applicable fee ($10 each);
(c) other documents which may be needed or specified on the application form or during the license investigation process; and
(d) the department or hearing examiner may require additional documentation as deemed necessary to reach a final decision.
(4) A fully executed purchase agreement and a request for termination of secured parties' interests are not required upon initial filing of the application.
(5) If an applicant is unable to enter into an agreement to purchase a transferable license within the time provided in (2) the application will be rejected and the application ranked next in the lottery drawing will be processed. This procedure is not constrained by 16-4-413, MCA.
History: 16-1-303, MCA; IMP, 16-4-204, 16-4-413, MCA; NEW, 1985 MAR p. 167, Eff. 2/15/85; AMD, 1993 MAR p. 2423, Eff. 10/15/93; 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, 2012 MAR p. 1846, Eff. 9/21/12.