Current through Register Vol. 18, September 20, 2024
(1) In addition to all other alcoholic
beverage licensing requirements, an all-beverages 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 as permitted under 16-3-301(8), 16-4-213, 16-4-401(9)(e), 16-4-404(7),
and 16-6-306(3), MCA;
(b) store
alcoholic beverages only on the premises or in an approved noncontiguous
alcoholic beverage storage area or resort alternate alcoholic beverage storage
facility, as applicable;
(c) offer
liquor, beer, and wine for on-premises consumption;
(d) prevent the self-service of alcoholic
beverages on the premises;
(e)
prevent the sale of alcoholic beverages for on-premises or off-premises
consumption between 2 a.m. and 8 a.m.;
(f) prevent the consumption or possession of
alcoholic beverages on the premises between 2 a.m. and 8 a.m. by removing all
alcoholic beverages other than those sold for off-premises consumption pursuant
to (2) from individuals' possession by 2 a.m.;
(g) 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; and
(h) prevent the on-premises consumption of
alcoholic beverages not sold or provided at the premises and those sold in
original packaging, prepared servings, or growlers for off-premises
consumption, except as described in (5).
(2) An all-beverages licensee may sell
alcoholic beverages for off-premises consumption under the following
conditions:
(a) alcoholic beverages must be
sold in original packaging, prepared servings filled at the time of sale, or
growlers of beer or table wine filled at the time of sale; and
(b) the sale of alcoholic beverages must
occur on the premises, except as provided in (3) and (4).
(3) An all-beverages licensee may use
curbside pickup, including a drive-through window, to sell alcoholic beverages
that were ordered online, in person, or through the phone.
(4) An all-beverages licensee may deliver
alcoholic beverages to a customer off-site under the following conditions:
(a) the licensee must apply for, and be
issued, a delivery endorsement from the department. The application fee for the
delivery endorsement is $200;
(b)
alcoholic beverage delivery is limited to beer and wine in original packaging.
The delivery of liquor is prohibited;
(c) the licensee may deliver alcoholic
beverages if the delivery includes food purchased from and prepared by the
licensee. The purchase price of the delivered beer and wine may not exceed the
purchase price of the delivered food; and
(d) the licensee must use its employees who
are 21 years of age or older for all food deliveries that include alcoholic
beverages. Third-party delivery companies are prohibited.
(5) An all-beverages licensee may purchase up
to a total of six gallons of beer or table wine per day from in-state licensed
retailers. The licensee shall maintain records for any beer or table wine
purchased from in-state retailers separate from those for inventory purchased
through ordinary means of distribution. Records shall include:
(a) the date of purchase;
(b) the type(s), brand(s), and quantity of
beer or table wine purchased; and
(c) the identity of the retailer from whom
the beer or table wine was purchased.
(6) An all-beverages licensee may allow a
customer to take a partially consumed bottle of table wine to go if the bottle
is adequately sealed with the original cork or bottle top. This provision is
not intended to supersede any jurisdiction's open container laws or contravene
61-8-1026, MCA, regarding open alcoholic beverage containers in motor
vehicles.
(7) If a licensee leases
or subleases its kitchen, or another specified area within its premises, to
allow another business entity to operate a business within the licensed
premises, as conditioned in 16-3-311(1)(a), MCA, then the licensee shall ensure
adequate safeguards are in place to prevent access to the alcoholic beverage
inventory by the other business entity. The area leased or subleased by the
licensee shall be clearly marked on the floor plan, a copy of which shall be
submitted to the department.
AUTH: 16-1-303, MCA; IMP: 16-3-301, 16-3-303, 16-3-304,
16-3-305, 16-3-311, 16-3-312, 16-4-213, 16-4-405, 16-6-303, 16-6-306,
MCA
