Current through Register Vol. 6, March 22, 2024
(1) The
department shall determine the suitability of the premises where an on-premises
consumption beer or all-beverage retailer proposes to operate a license, when a
party applies to obtain a license, transfer ownership interest in an existing
license requiring the vetting of a new party pursuant to
16-4-401,
MCA, changes the location where a license will be operated, makes alterations
to a premises with a floor plan that the department approved, or applies to
operate under a concession agreement with a concessionaire, as provided in ARM
42.12.133.
(2) The premises of an on-premises
consumption beer or all-beverage retailer may be considered suitable only if:
(a) the applicant or licensee has possessory
interest in the premises;
(b) the
applicant or licensee has adequate control over the premises;
(c) a single alcoholic beverage license of
any kind will be operated at the premises;
(d) the premises are identified by a unique
address;
(e) the premises are
located in one building or a specific portion of one building, except that a
patio/deck may extend the premises beyond the interior portion of the building.
The interior portion of the premises must comply with the requirements of
16-3-311(3),
MCA. Subject to the exceptions in
16-3-311(8)
and (9), MCA, if the premises are located in
a portion of a building, the premises must be separated by permanent
floor-to-ceiling walls from any other business, including any other business
operated by the licensee. Except as otherwise provided in
16-3-311(8)
and (9), MCA, the only access from the
premises to another business may be through a single lockable door, no more
than six feet wide, in the permanent floor-to-ceiling wall. Additional lockable
doors in the permanent floor-to-ceiling wall may be allowed only upon
department approval;
(f) building,
health, and fire code approval is obtained;
(g) the premises are located on regular
police beats and can be properly policed by local authorities, which includes
the premises being located on property to which law enforcement has
unrestricted access, except as provided in
16-6-103,
MCA;
(h) the premises are not
located where a local government ordinance prohibits the sale of alcoholic
beverages;
(i) the premises are
either solely dedicated to the on-premises consumption of alcoholic beverages
or are within a business directly related to the on-premises consumption of
alcoholic beverages;
(j) the type
of business is readily determinable due to indoor and outdoor signage and the
premises' general layout and atmosphere;
(k) alcoholic beverages are advertised and
displayed as being available for purchase;
(l) there are no signs, posters, or
advertisements displayed on the exterior portion of the premises that identify
any brewer, beer importer, or wholesaler in any manner. This prohibition
extends to buildings adjacent to the premises only if the retailer has
possessory interest in the building. This prohibition does not apply to
temporary advertisements allowed under
16-3-244,
MCA;
(m) the floor plan accurately
states the dimensions of the premises, includes the entity name, alcoholic
beverage license number, physical address, submission date, and identifies all
service areas, stationary drink preparation areas, storage areas, patios/decks,
perimeter barriers, drive-through windows, and permanent floor-to-ceiling walls
required between the premises and another business;
(n) the interior premises include at least
one stationary drink preparation area. The premises may have more than one
drink preparation area, including drink preparation areas on the patio/deck and
moveable drink preparation areas, subject to department approval;
(o) there is interior access to any interior
portion of the premises;
(p) all
storage areas are located in the interior portion of the premises, except as
authorized by
16-3-311
and
16-4-213,
MCA;
(q) the physical layout and
equipment utilized provide sufficient physical safeguards to prevent the
self-service of alcoholic beverages at any drink preparation area;
and
(r) self-service devices and
vending machines are not used to serve alcoholic beverages.
(3) The premises may have a
patio/deck. A patio/deck may be considered suitable only if:
(a) building, health, and fire code approval
is obtained;
(b) subject to the
exception in (c), the patio/deck is contiguous with and immediately accessible
from the interior premises;
(c) any
path connecting the interior premises and the patio/deck is under the
possessory interest of the licensee, is clearly marked, and the department
determines that sufficient physical safeguards are in place to ensure proper
service and consumption of alcoholic beverages; and
(d) with the exception of a patio/deck at a
golf course, a perimeter barrier clearly marks where the service and
consumption of alcoholic beverages are allowed.
(4) The premises must meet and maintain
compliance with all suitability standards in place at the time the premises are
inspected. The department may, at any time, verify that the premises remain in
compliance with all suitability standards in place at the time the suitability
of the premises was last determined. Upon determining that the premises do not
meet all applicable suitability standards, the department may deny an
application or take administrative action against a licensee, including license
revocation.
(5) The privileges
granted under a license extend only to the premises depicted in the floor plan
approved by the department. The licensee shall follow the process in ARM
42.13.106
for a premises alteration.
AUTH:
16-1-303, MCA;
IMP:
16-3-244,
16-3-309,
16-3-311,
16-3-312,
16-4-213,
16-4-402,
16-4-405,
16-4-418,
MCA