Administrative Rules of Montana
Department 42 - REVENUE
Chapter 42.12 - LIQUOR LICENSES AND PERMITS
Subchapter 42.12.1 - License Applications
Rule 42.12.128 - CATERING ENDORSEMENT; CATERED EVENTS; EVENT BARRIERS
Current through Register Vol. 6, March 22, 2024
(1) Any licensee having obtained a catering endorsement under the provisions of 16-4-111 or 16-4-204, MCA, is authorized to sell alcoholic beverages authorized under the license to persons attending a catered event sponsored by someone other than the licensee and at a location not otherwise licensed or operating under a special permit.
(2) Prior to selling or serving alcoholic beverages at the catered event, the licensee shall:
(3) A catered event may have more than one licensee cater the event. Licensees shall prevent the consumption of alcoholic beverages within their catered event service area that they did not sell or provide.
(4) A catered event may last for a maximum of three days, except a licensee may have one catered event per year that lasts up to seven days for a fair, as defined in ARM 42.12.106. The storage of alcoholic beverages may occur at the catered event one day prior to the catered event until one day following the conclusion of the catered event if the alcoholic beverages are in a secured location that prevents access by anyone other than the licensee or licensee's employees.
(5) Alcoholic beverages may be sold and served at the catered event from a booth, stand, or other fixed place of business as designated and described in the notice given to the local law enforcement agency and may include grandstands or bleachers, as provided for in 16-4-111 and 16-4-204, MCA.
(6) If there is not an existing boundary defining the catered event service area, an event barrier shall be required to clearly mark where the sale and service of each licensee's alcoholic beverages is allowed. The event barrier:
(7) When a licensee caters an event that is within 15 feet of its licensed premises, patrons may take alcoholic beverages between the licensed premises and the area authorized for the catered event if the licensee:
(8) The sale and service of alcoholic beverages at the catered event may be conducted by:
(9) On or before the 15th day of each month, the licensee shall electronically report, on a form provided by the department, those events the licensee catered in the previous month and shall include a copy of the notification form signed by local law enforcement .
(10) A copy of the executed written agreement between the licensee and event sponsor for each event catered shall be maintained by the licensee for a period of three years from the date of the event. The department may make an examination of any such agreement at any time.
(11) The licensee who catered the event is ultimately responsible for ensuring compliance with all alcoholic beverage laws and regulations, violations of which may subject the licensee to administrative action.
AUTH: 16-1-303, MCA; IMP: 16-3-103, 16-4-111, 16-4-204, MCA