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Rule Title: RESTAURANT BEER AND WINE LICENSE - CONDITIONS FOR OPERATING
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Department: REVENUE
Chapter: REGULATION OF LICENSEES
Subchapter: Alcoholic Beverage Retailers
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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42.13.1103    RESTAURANT BEER AND WINE LICENSE - CONDITIONS FOR OPERATING

(1) In addition to all other alcoholic beverage licensing requirements, a restaurant beer and wine licensee shall:

(a) only purchase and possess on the premises fortified wine from an agency liquor store, beer from a beer wholesaler or brewery, and table wine from a table wine distributor or winery;

(b) store alcoholic beverages only on the premises;

(c) offer beer and wine for on-premises consumption;

(d) serve beer and wine only to patrons who order food;

(e) state alcoholic beverage sales on the food bill;

(f) obtain at least 65 percent of its annual gross income from the sale of food, excluding the sale of nonalcoholic beverages;

(g) prevent the self-service of alcoholic beverages on the premises;

(h) prevent the sale of alcoholic beverages between 11 p.m. and 11 a.m.;

(i) prevent the consumption or possession of alcoholic beverages on the premises between 11 p.m. and 11 a.m. by removing all alcoholic beverages from individuals' possession by 11 p.m.;

(j) prevent the consumption or possession of alcoholic beverages on the premises by persons who are under 21 years of age or actually, apparently, or obviously intoxicated;

(k) prevent the consumption of alcoholic beverages that were not purchased at the premises; and

(l) prohibit the sale of beer and wine for off-premises consumption.

(2) In addition to the requirements in (1), any restaurant for which a restaurant beer and wine license was not in effect as of April 9, 2009, shall:

(a) serve an evening dinner meal at least four days a week for at least two hours a day between 5 p.m. and 11 p.m.; and

(b) sell the majority of its food and drinks, excluding any carry-out business, in nondisposable containers.

 

History: 16-1-303, MCA; IMP, 16-3-301, 16-3-305, 16-3-311, 16-4-405, 16-4-420, MCA; NEW, 2012 MAR p. 1846, Eff. 9/21/12; AMD, 2014 MAR p. 2980, Eff. 12/12/14; AMD and TRANS, from ARM 42.12.135, 2017 MAR p. 493, Eff. 4/29/17.


 

 
MAR Notices Effective From Effective To History Notes
42-2-967 4/29/2017 Current History: 16-1-303, MCA; IMP, 16-3-301, 16-3-305, 16-3-311, 16-4-405, 16-4-420, MCA; NEW, 2012 MAR p. 1846, Eff. 9/21/12; AMD, 2014 MAR p. 2980, Eff. 12/12/14; AMD and TRANS, from ARM 42.12.135, 2017 MAR p. 493, Eff. 4/29/17.
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