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42.12.315    SACRAMENTAL WINE LICENSE

(1) An establishment desiring to sell sacramental wine pursuant to 16-4-313, MCA, may apply to the department by submitting a license application accompanied by a $100 licensing fee. The license renewal fee every year thereafter is $50 and must be renewed annually by July 1.

(2) An applicant must qualify for licensure under 16-4-401, MCA.

(3) On the application, an applicant operating in Montana must verify that the following requirements are met:

(a) the layout of the premises allows for licensee-only and/or employee-only control over the sale, service, and/or distribution of the sacramental wine;

(b) the floor plan accurately represents the physical layout of the premises and identifies where the sacramental wine will be stored;

(c) the applicant has adequate safeguards in place to prevent the sale, delivery, or giving away of alcoholic beverages to the public; and

(d) the premises is physically separated from any business under separate ownership from the licensed area by permanent walls.

(4) Applicants for a sacramental wine license are not subject to fingerprint or background checks.

(5) This type of license is nontransferable and not subject to the quota system as described in 16-4-105, MCA.

(6) A sacramental wine licensee may purchase sacramental wine from an agency liquor store, licensed foreign winery, licensed domestic winery, or a table wine distributor.

(7) Licensees must adhere to all laws and rules relating to the retail sale of wine for off-premises consumption.

History: 16-1-303, MCA; IMP, 16-4-105, 16-4-313, 16-4-401, MCA; NEW, 2012 MAR p. 1846, Eff. 9/21/12; AMD, 2014 MAR p. 1277, Eff. 6/13/14.

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