Administrative Rules of Montana
Department 42 - REVENUE
Chapter 42.13 - REGULATION OF LICENSEES
Subchapter 42.13.1 - General Regulations
Rule 42.13.107 - NONUSE STATUS

Universal Citation: MT Admin Rules 42.13.107

Current through Register Vol. 18, September 20, 2024

(1) The department shall grant nonuse status to a licensee who:

(a) is issued a license without an approved premises as provided in 16-4-417, MCA; or

(b) is not operating a going establishment if the licensee provides written notice to the department prior to exceeding 90 days of not operating a going establishment.

(2) Except as provided in (3) or in 16-4-431(2), MCA, an approved nonuse period shall not exceed one year.

(3) The department may extend the one-year nonuse period if the licensee provides evidence that the delay in use is for reasons outside the licensee's control, that the licensee is progressing on a department-approved alteration, or for licenses issued without a premises, the licensee is making progress toward licensure. Acceptable reasons for extending the nonuse period may include but are not limited to:

(a) the death of the licensee or the licensee's family member;

(b) a natural disaster;

(c) a department approved alteration is underway or is pending department approval;

(d) the licensee lost possessory interest in the premises; or

(e) bankruptcy.

(4) Prior to expiration of the approved nonuse period, the licensee shall resume operations and notify the department that operations have resumed.

(5) If a licensee fails to timely resume operations or provide the required notification, the department shall lapse the license pursuant to 16-3-310, MCA, and ARM 42.13.108.

(6) A licensee cannot resume operations of a license at premises where the licensee:

(a) was granted nonuse status for the license; and

(b) operated another license at the premises while the previous license was on nonuse status.

(7) A licensee may not purchase, sell, or otherwise provide alcoholic beverages while on nonuse status. This includes catering events and operating through a concession agreement.

(8) The amount of time spent on nonuse status does not count towards the operational requirement provided in 16-4-417 and 16-4-432, MCA.

(9) A license issued pursuant to 16-4-101, 16-4-107, and 16-4-311, MCA, may be granted nonuse status if the licensee submits a written request to the department prior to exceeding 90 days of not operating.

(10) A licensee granted nonuse status pursuant to (9) may not produce, purchase, sell, distribute, or otherwise provide alcoholic beverages while on nonuse status.

AUTH: 16-1-303, 16-4-417, 16-4-431, MCA; IMP: 16-3-310, 16-4-417, 16-4-431, 16-4-432, MCA

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