Current through Register Vol. 6, March 22, 2024
(1) The department shall determine the
suitability of the premises when a continuing care retirement community applies
to obtain a limited all-beverage license provided in
16-4-315,
MCA, changes the location where the license will be operated, or makes
alterations to the department-approved premises. The privileges granted under a
license extend only to the premises depicted in the floor plan approved by the
department except on-premises consumption may extend across the continuing care
retirement community's campus, as provided in
16-4-315,
MCA.
(2) The continuing care
retirement community premises 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) no other license authorized under Title
16, MCA, will be operated concurrently at the premises;
(d) the premises are identified by a unique
address;
(e) the premises are
located within one building or a specific portion of one building. The interior
of the premises must be a continuous area that is not broken by any area in
which the applicant or licensee does not have adequate control, such as another
business or a common area shared with other building tenants;
(f) building, health, and fire code
approvals are 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 complies with the
licensing restrictions provided in
16-3-306,
MCA;
(j) there are no signs,
posters, or advertisements displayed on the exterior 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 adjacent building. This prohibition does not
apply to temporary advertisements allowed under
16-3-244,
MCA;
(k) the floor plan accurately
states the dimensions of the premises, includes the applicant or licensee's
name; alcoholic beverage license number, if applicable; physical address and
date of application; and identifies the central dining area, any stationary
drink preparation area, and any storage areas. A plat of the continuing care
retirement community campus must also be provided to the department that shows
the campus boundaries and any other structures located on the campus;
(l) the interior of the premises
includes at least one stationary drink preparation area. The central dining
area may have more than one drink preparation area, including moveable drink
preparation areas, subject to department approval;
(m) all storage areas are located in the
interior of the premises;
(n)
alcoholic beverages will not be sold through a drive-up window;
(o) the physical layout and equipment
utilized provide sufficient physical safeguards to prevent the self-service of
alcoholic beverages at any drink preparation area; and
(p) self-service devices and vending machines
are not used to serve alcoholic beverages.
(3) The premises must meet and maintain
compliance with all suitability standards in place at the time the premises was
last approved by the department. The department may, at any time, verify that
the premises remain in compliance with those suitability standards. Upon
determining that the premises does not meet all applicable suitability
standards, the department may deny an application or take administrative action
against the licensee, including license revocation.
(4) The licensee shall follow the process in
ARM
42.13.106
for a premises alteration. Alterations to residential areas or other areas
where alcoholic beverages are not sold or served from do not require submittal
or approval from the department.
(5) In addition to all other alcoholic
beverage licensing requirements, a limited all-beverages continuing care
retirement community licensee shall:
(a) only
purchase and possess on the premises liquor and fortified wine from an agency
liquor store, beer from a beer wholesaler or brewery, and table wine from a
table wine distributor or winery, except for alcoholic beverages obtained
elsewhere by residents of the continuing care retirement community for
consumption in residential areas;
(b) sell or serve alcoholic beverages only
from an approved drink preparation area;
(c) prevent the sale or service of alcoholic
beverages between 8 p.m. and 11 a.m.;
(d) prevent the consumption or possession of
alcoholic beverages outside of residential areas between 2 a.m. and 11 a.m. by
removing all alcoholic beverages from individuals' possession by 2 a.m.;
(e) prevent the consumption or
possession of alcoholic beverages on the premises by persons who are under 21
years of age, or actually, apparently, or obviously intoxicated, in accordance
with
16-3-301,
MCA; and
(f) prevent the
on-premises consumption of alcoholic beverages not sold or provided at the
premises except for alcoholic beverages obtained elsewhere by residents of the
continuing care retirement community for consumption in residential areas.
AUTH:
16-1-303,
16-4-315,
MCA IMP:
16-3-244,
16-3-309,
16-3-311,
16-4-315,
16-4-402,
16-4-405,
16-6-303,
MCA.