42.12.147 OFF-PREMISES BEER AND TABLE WINE LICENSE - PREMISES SUITABILITY REQUIREMENTS
(1) The department shall determine the suitability of the premises where an off-premises beer and table wine retailer proposes to operate a license when a party applies to obtain a license, transfer ownership interest in an existing license requiring the vetting of a new party pursuant to 16-4-401, MCA, change the location where a license will be operated, or make alterations to a premises with a floor plan that the department approved.
(2) The premises of an off-premises beer and table wine retailer may be considered suitable only if:
(a) the applicant or licensee has possessory interest in the premises;
(b) the applicant or licensee has adequate control over the premises;
(c) a single alcoholic beverage license of any kind will be operated at the premises;
(d) the premises are identified by a unique address;
(e) the premises are located in one building or a specific portion of one building. The interior portion of the premises must be a continuous area that is not broken by any area in which the applicant or licensee does not have adequate control, such as another business or a common area shared with other building tenants. If the premises are located in a portion of a building, the premises must be separated by permanent floor-to-ceiling walls from any other licensed alcoholic beverage business. The only access from the premises to another licensed alcoholic beverage business may be through a single lockable door, no more than six feet wide, in the permanent floor-to-ceiling wall. Additional lockable doors or a doorway larger than six feet wide in the permanent floor-to-ceiling wall may be allowed only upon department approval;
(f) building, health, and fire code approval is obtained;
(g) the premises are located on regular police beats and can be properly policed by local authorities, which includes the premises being located on property to which law enforcement has unrestricted access;
(h) the premises are not located where a local government ordinance prohibits the sale of alcoholic beverages;
(i) the premises are in a stand-alone beer and/or table wine business, a grocery store, or a drugstore licensed as a pharmacy;
(j) the type of business is readily determinable due to indoor and outdoor signage and the premises' general layout and atmosphere;
(k) alcoholic beverages are advertised and displayed as being available for purchase;
(l) there are no signs, posters, or advertisements displayed on the exterior portion of the premises that identify any brewer, beer importer, or wholesaler in any manner. This prohibition extends to buildings adjacent to the premises only if the retailer has possessory interest in the building. This prohibition does not apply to temporary advertisements allowed under 16-3-244, MCA;
(m) the floor plan accurately states the dimensions of the premises, includes the entity name, alcoholic beverage license number, physical address, and date and identifies any storage area and permanent floor-to-ceiling wall required between the premises and another licensed alcoholic beverage business;
(n) there is interior access to any interior portion of the premises;
(o) all storage areas are located in the interior portion of the premises; and
(p) the sale of alcoholic beverages will not occur through a drive-up window.
(3) The premises must meet and maintain compliance with all suitability standards in place at the time the premises are inspected. The department may, at any time, verify that the premises remain in compliance with all suitability standards in place at the time the suitability of the premises was last determined. Upon determining that the premises do not meet all applicable suitability standards, the department may deny an application or take administrative action against a licensee, including license revocation.
(4) The privileges granted under a license extend only to the premises depicted in the floor plan approved by the department. The licensee shall follow the process in ARM 42.13.106 for a premises alteration.
History: 16-1-303, MCA; IMP, 16-3-244, 16-3-309, 16-4-115, 16-4-402, 16-4-405, MCA; NEW, 2017 MAR p. 493, Eff. 4/29/17.