(1) In addition to the provisions stated in ARM 42.12.122, which pertain to every type of alcoholic beverage license, with regard to a license for off-premises consumption, a party applying for either a new license, transfer of ownership of an existing license, transfer of location of an existing license, or approval of an alteration to a premises must:

(a) operate at a premises recognized as a grocery store, or a pharmacy, as described in ARM 42.12.126;

(b) sell beer and/or wine for off-premises consumption only in their original packages; and

(c) be physically separated from any business under separate ownership from the licensed area by permanent walls. This includes a separate on-premises alcohol beverage business. The walls must be floor-to-ceiling and shall not be moved without department approval of alterations to the premises pursuant to ARM 42.13.106. The premises can have inside access to each business conducted in the building through a doorway no larger than six feet wide with a door that can be closed and locked when not in use.

(2) All beer and wine inventory must be stored on-site in an area identified on the floor plan.

(3) Beer and/or wine purchased from the off-premises licensee may not be consumed anywhere on property owned or leased by the licensee that is part of, adjacent to, or used in connection with the licensed off-premises business. By example this includes a patio, deck, sitting area, designated smoking areas, sports or play area, parking lots, and any other area that is adjacent to the licensed premises and is under the control of the licensee.