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.