Current through Register Vol. 6, March 22, 2024
(1) The department shall determine the
suitability of the premises where a restaurant beer and wine 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, change the location where a license will be operated, or make alterations
to a premises with a floor plan that the department approved.
(2) The premises of a restaurant beer and
wine 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 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;
(h) the
premises are not located where a local government ordinance prohibits the sale
of alcoholic beverages;
(i) the
type of business is readily determinable due to indoor and outdoor signage and
the premises' general layout and atmosphere;
(j) alcoholic beverages are advertised and
displayed as being available for purchase;
(k) 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;
(l) 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, service bars, dining room, kitchen, storage areas, patios/decks,
perimeter barriers, drive-through windows, and permanent floor-to-ceiling walls
required between the premises and another business;
(m) there is seating for patrons totaling not
more than the seating capacity for which the premises are licensed;
(n) there is an interior service bar. The
premises may have more than one service bar, including service bars on the
patio/deck, 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,
MCA;
(q) the physical layout and
equipment utilized provide sufficient physical safeguards to prevent the
self-service of alcoholic beverages at any service bar; 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) 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,
16-4-402,
16-4-405,
16-4-421,
MCA