Administrative Rules of Montana
Department 42 - REVENUE
Chapter 42.12 - LIQUOR LICENSES AND PERMITS
Subchapter 42.12.1 - License Applications
Rule 42.12.143 - RESTRICTION ON INTEREST IN OTHER LICENSES
Universal Citation: MT Admin Rules 42.12.143
Current through Register Vol. 6, March 22, 2024
(1) For purposes of this rule, any ownership interest in a business that operates a license issued under the Montana Alcoholic Beverage Code is considered to be an ownership interest in the license itself.
(2) A Montana all-beverages licensee may not:
(a) possess a
financial or ownership interest in:
(i) a
Montana agency liquor store;
(ii)
more than two additional Montana all-beverages licenses, for an aggregate
number of three licenses, except as provided in
16-4-205,
MCA; or
(iii) more than half the
total number of Montana all-beverages licenses in any quota area described in
16-4-201,
MCA;
(b) through a
business or family relationship, share in the profits or liabilities in more
than half the total number of Montana all-beverages licenses in the specific
quota area in which the licenses will be held; or
(c) individually or through the person's
immediate family, receive financing from or have any affiliation to:
(i) an alcoholic beverage manufacturer or
importer of alcoholic beverages, except that a licensee's spouse may possess an
ownership interest in one or more manufacturer licenses; or
(ii) a distributor of alcoholic beverages,
including a Montana beer wholesaler, Montana table wine distributor, and a
Montana agency liquor store.
(3) All other Montana retail on-premises consumption alcoholic beverages licensees may not:
(a) possess a financial or ownership interest
in a Montana agency liquor store; or
(b) individually or through the person's
immediate family, receive financing from or have any affiliation to:
(i) an alcoholic beverage manufacturer or
importer of alcoholic beverages, except that a licensee's spouse may possess an
ownership interest in one or more manufacturer licenses; or
(ii) a distributor of alcoholic beverages,
including a Montana beer wholesaler, Montana table wine distributor, and a
Montana agency liquor store.
(4) A Montana retail off-premises consumption beer and table wine licensee may not:
(a)
possess a financial or ownership interest in a Montana agency liquor store;
or
(b) individually or through the
person's immediate family, receive financing from or have any affiliation to:
(i) an alcoholic beverage manufacturer or
importer of alcoholic beverages; or
(ii) a distributor of alcoholic beverages,
including a Montana beer wholesaler, Montana table wine distributor, and a
Montana agency liquor store.
(5) A Montana beer wholesaler may not:
(a) possess a financial or ownership interest
in a Montana agency liquor store, a Montana alcoholic beverages retailer, an
alcoholic beverages manufacturer, or another Montana beer wholesaler;
(b) have any affiliation with a Montana
alcoholic beverages retailer, or the immediate family of a Montana alcoholic
beverages retailer; or
(c) be owned
or controlled by an alcoholic beverages manufacturer or an importer of
alcoholic beverages.
(6) A Montana table wine distributor may not:
(a)
possess a financial or ownership interest in a Montana agency liquor store, a
Montana alcoholic beverages retailer, an alcoholic beverages manufacturer, or
another Montana table wine distributor;
(b) have any affiliation with a Montana
alcoholic beverages retailer or the immediate family member of a Montana
alcoholic beverages retailer; or
(c) be owned or controlled by an alcoholic
beverages manufacturer or an importer of alcoholic beverages.
(7) A Montana alcoholic beverage manufacturer may not possess a financial or ownership interest in:
(a) a distributor of alcoholic beverages,
including a Montana beer wholesaler, a Montana table wine distributor, and a
Montana agency liquor store; or
(b)
a Montana alcoholic beverages retailer.
AUTH: 16-1-303, MCA; IMP: 16-4-201, 16-4-205, 16-4-401, MCA
Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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