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42.11.310    SELECTION OF AGENT

(1) The agent for an agency liquor store will be selected according to competitive procedures under the Montana Procurement Act, through 18-4-407, MCA.

(2) The United States Census Bureau's last decennial final census count will be used to establish population statistics used in the selection of agency liquor stores in communities with a population of 3,000 or less. However, in the interim between censuses, the department will use the most recent population estimates published by the United States Census Bureau. The following will apply for that selection:

(a) an agent will be selected according to procedures for competitive sealed proposals as defined in ARM 2.5.602; and

(b) the agent's commission percentage discount rate will be initially established at 10 percent.

(3) The United States Census Bureau's last decennial final census count will be used to establish population statistics used in the selection of agency liquor stores in communities with a population of 3,000 or more. However, in the interim between censuses, the department will use the most recent population estimates published by the United States Census Bureau. The following will apply for that selection:

(a) an agent will be selected according to procedures for competitive sealed bids as defined in ARM 2.5.601; and

(b) the agent's commission percentage discount rate will be initially set at the percentage bid by the lowest responsive bidder.

 

History: 16-1-303, MCA; IMP, 16-2-101, 16-2-109, 18-4-303, 18-4-304, MCA; NEW, 1998 MAR p. 2498, Eff. 9/11/98; AMD, 2012 MAR p. 2631, Eff. 12/21/12.

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