42.12.414 HOW APPLICANT WILL BE CHOSEN
(1) Successful applicants will be chosen based upon rank (the order of being randomly drawn).
(2) The department will construct a list of the applicants in the order in which they were drawn in the lottery.
(a) For a restaurant beer and wine lottery applicant, the department personnel will determine within this ordering, which applicants have claimed a preference.
(b) A preference must be given to any applicant who:
(i) does not have a restaurant beer and wine license or a retail beer license in any quota area; and
(ii) operates a restaurant for at least 12 months immediately prior to filing of an application in that quota area. This preference will be verified at the time of license application.
(c) An applicant with a preference will be given a priority in the final ranking.
(d) A preference will not supersede the limits within any quota area on licenses of restaurants with a seating capacity of 101 or more persons.
(e) A final ranking of applicants will then be made.
(f) The department will not issue to restaurants with a seating capacity greater than 101 more than 25% of the available restaurant beer and wine licenses in any given quota area. This may result in a quota area not being able to immediately award all of its available restaurant beer and wine licenses. This could also result in larger restaurants who have received a preference being unable to receive a restaurant beer and wine license for seating capacity greater than 101 if many larger restaurants apply to the initial lottery in a given area.
(g) A successful lottery applicant that requested to have a restaurant with seating capacity greater than 101 but the seating quota is full may elect to apply for a license with less seating capacity.
(3) A successful applicant cannot sell his ranking nor can the applicant transfer his ranking to another.
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, 2010 MAR p. 2225, Eff. 9/24/10.