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Rule Title: ON-PREMISES CONSUMPTION BEER 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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42.13.1104    ON-PREMISES CONSUMPTION BEER LICENSE - CONDITIONS FOR OPERATING

(1) In addition to all other alcoholic beverage licensing requirements, an on-premises consumption beer licensee shall:

(a) only purchase and possess on the premises beer from a beer wholesaler or brewery;

(b) store alcoholic beverages only on the premises;

(c) offer beer for on-premises consumption;

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

(e) prevent the sale of alcoholic beverages for on-premises or off-premises consumption between 2 a.m. and 8 a.m.;

(f) prevent the consumption or possession of alcoholic beverages on the premises between 2 a.m. and 8 a.m., by removing all alcoholic beverages other than those purchased in original packaging or growlers for off-premises consumption from individuals' possession by 2 a.m.;

(g) 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; and

(h) prevent the on-premises consumption of alcoholic beverages not sold or provided at the premises and those sold in original packaging or growlers for off-premises consumption.

(2) In addition to the requirements in (1), an on-premises consumption beer licensee with a wine amendment shall:

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

(b) offer wine for on-premises consumption; and

(c) operate a restaurant or prepared-food business on the premises.

(3) An on-premises consumption beer licensee and an on-premises consumption beer licensee with a wine amendment may sell alcoholic beverages for off-premises consumption only as follows:

(a) alcoholic beverages must be sold in original packaging or individual servings, except that the retailer may fill and sell growlers with beer and table wine; and

(b) the sale of alcoholic beverages must occur on the premises; the delivery of alcoholic beverages to the consumer off-site is prohibited.

 

History: 16-1-303, MCA; IMP, 16-3-301, 16-3-303, 16-3-304, 16-3-305, 16-3-311, 16-3-411, 16-4-104, 16-4-105, 16-4-405, MCA; NEW, 2012 MAR p. 1846, Eff. 9/21/12; AMD, 2014 MAR p. 2980, Eff. 12/12/14; AMD and TRANS, from ARM 42.12.136, 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, 16-3-303, 16-3-304, 16-3-305, 16-3-311, 16-3-411, 16-4-104, 16-4-105, 16-4-405, MCA; NEW, 2012 MAR p. 1846, Eff. 9/21/12; AMD, 2014 MAR p. 2980, Eff. 12/12/14; AMD and TRANS, from ARM 42.12.136, 2017 MAR p. 493, Eff. 4/29/17.
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