Current through Register Vol. 6, March 22, 2024
(1) The department shall determine the
suitability of the premises where an off-premises beer and table 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 an off-premises beer and
table 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. The interior
portion of the premises must comply with the requirements of
16-3-311(3),
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 licensed
alcoholic beverage business. The only access from the premises to another
licensed alcoholic beverage business may be through a single lockable door, no
more than six feet wide, in the permanent floor-to-ceiling wall. Additional
lockable doors or a doorway larger than six feet wide 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 premises are in a stand-alone beer
and/or table wine business, a grocery store, or a drugstore licensed as a
pharmacy;
(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, identifies any
storage areas, drive-through windows, and permanent floor-to-ceiling walls
required between the premises and another licensed alcoholic beverage
business;
(n) there is interior
access to any interior portion of the premises; and
(o) all storage areas are located in the
interior portion of the premises, except as authorized in
16-3-311,
MCA.
(3) 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.
(4) 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,
16-3-312,
16-4-115,
16-4-402,
16-4-405,
MCA