42.12.101 APPLICATION FOR LICENSE
(1) All applications for licenses to sell, manufacture, or distribute alcoholic beverages shall be made to the department upon forms supplied by the department. An abbreviated application may be permissible for license modifications as specified in ARM 42.12.118. In all other cases, the application process specified below shall be followed.
(2) Applications for licenses shall be in the names of all persons who will have an ownership interest in the business to be operated under the license, as required in 16-4-401, MCA.
(3) In addition to the license application, as applicable, the applicant shall submit:
(a) any processing fees required by ARM 42.12.111 and the license fee required by 16-4-420 or 16-4-501, MCA;
(b) a copy of the proposed agreement to transfer an ownership interest;
(c) proof that the applicant has possessory interest in the premises;
(d) any source of funding documents including, but not limited to, loan documents, gifting statements, and finance institution statements;
(e) the premises floor plan;
(f) bank account authorization and signature documents;
(g) proof of assumed business name;
(h) proof that all filings and payments related to Montana income, corporation, withholding, business, and other taxes are current;
(i) two complete sets of fingerprints and a personal history statement for each person identified in 16-4-414, MCA, and ARM 42.12.212; and
(j) for any entity applicant:
(i) proof the business is registered in Montana;
(ii) stock certificates;
(iii) stock ledger or membership units register;
(iv) bylaws; and
(v) organizational meeting minutes.
(4) The department, in its sole discretion, may waive an application requirement set forth in this rule.
(5) The department shall make a thorough investigation as to the qualifications of the applicant and the suitability of the premises proposed for licensing. The disqualification of any applicant to hold the license disqualifies all.
(6) The department, in its sole discretion, may issue a license. If approved, the licensee remains bound by all requirements in statute and rule that apply at the time an application for license or an application for renewal is approved. A licensee's failure to remain in compliance with a statute or rule shall constitute a violation of that statute or rule and may subject the licensee to administrative action.
History: 16-1-303, MCA; IMP, 16-4-105, 16-4-201, 16-4-204, 16-4-207, 16-4-210, 16-4-401, 16-4-402, 16-4-414, 16-4-420, 16-4-501, 16-4-502, MCA; NEW, Eff. 11/3/75; AMD, 1985 MAR p. 167, Eff. 2/15/85; AMD, 1992 MAR p. 1244, Eff. 6/12/92; AMD, 1998 MAR p. 2088, Eff. 7/31/98; AMD, 2000 MAR p. 1762, Eff. 7/14/00; AMD, 2003 MAR p. 2305, Eff. 10/17/03; AMD, 2012 MAR p. 1846, Eff. 9/21/12; AMD, 2014 MAR p. 1277, Eff. 6/13/14; AMD, 2014 MAR p. 2980, Eff. 12/12/14.