42.13.1202 BEER WHOLESALER AND TABLE WINE DISTRIBUTOR - CONDITIONS FOR OPERATING
(1) In addition to all other alcoholic beverage licensing requirements, a beer wholesaler and table wine distributor shall:
(a) maintain a fixed place of business, sufficient capital, and the facilities, storehouse, receiving house, or warehouse for the receiving, storing, and handling of beer, table wine, and sacramental wine in large quantities for distribution and sale;
(b) receive beer, table wine, and sacramental wine from an importer, brewery, winery, wholesaler, or distributor only if:
(i) the importer, brewery, winery, wholesaler, or distributor is licensed by or registered with the department;
(ii) all product labels have been approved by the department; and
(iii) an agreement of distributorship agreement is in place between the manufacturer or importer and the wholesaler or distributor;
(c) store beer, table wine, and sacramental wine only on the premises of its principal place of business or the premises of its licensed subwarehouse;
(d) except as provided in (2), deliver alcoholic beverages using its own employees, trucks, and equipment;
(e) sell beer, table wine, and sacramental wine only in its original packaging;
(f) sell and deliver beer, table wine, and sacramental wine under its Montana license only to other licensed wholesalers or distributors, licensed alcoholic beverage retailers, catered events of a licensed alcoholic beverage retailer, agency liquor stores, and special events for a special permit holder. This does not in any way prohibit the licensee from operating in compliance with other state or federal law;
(g) prevent the consumption of alcoholic beverages on the premises of its principal place of business and the premises of any licensed subwarehouse;
(h) not possess any interest in real or personal property owned, occupied, or used by an alcoholic beverage retailer in the conduct of the retailer's business; and
(i) electronically file all required alcoholic beverage tax returns and pay any taxes owed as provided in law.
(2) When a beer wholesaler or table wine distributor's trucks and equipment are incapable of delivering alcoholic beverages to a retail licensee's premises due to the unique physical location of the retail licensee's premises - examples of which are premises located on an island or atop a mountain - the beer wholesaler or table wine distributor and retail licensee may seek prior department approval for an alternative delivery arrangement on a form provided by the department. If the department approves the alternative delivery arrangement request, the department shall provide the beer wholesaler or table wine distributor and the retail licensee a written summary of the conditions of the approved delivery arrangement. Failure to comply with the approved alternative delivery arrangement may subject the beer wholesaler, table wine distributor, or retail licensee to administrative action.
(3) A beer wholesaler and/or table wine distributor shall only sell product under a bona fide sale. It shall not sell product on consignment, under conditional sale, with the privilege of return, or in a sale involving acquisition of other products.
(4) A beer wholesaler and/or table wine distributor shall only exchange or accept product returned from an alcoholic beverage retailer, wholesaler, or distributor for ordinary and usual commercial reasons, such as defective product, a delivery error, and discontinued product or business. It shall not accept product returned based upon the product being overstocked, slow moving, or seasonal.
History: 16-1-303, MCA; IMP, 16-3-212, 16-3-231, 16-3-232, 16-3-242, 16-3-301, 16-3-404, 16-3-406, 16-4-103, 16-4-106, 16-4-108, 16-4-402, 16-4-415, MCA; NEW, 2012 MAR p. 1846, Eff. 9/21/12; AMD and TRANS, from ARM 42.12.138, 2017 MAR p. 493, Eff. 4/29/17; AMD, 2020 MAR p. 101, Eff. 1/18/20.