Current through Register Vol. 18, September 20, 2024
(1) In addition to all other alcoholic
beverage licensing requirements, a beer wholesaler and table wine distributor
shall:
(a) maintain a fixed place of business,
sufficient capital, and the facilities, storehouse, receiving house, or
warehouse for the receiving, storing, and handling of beer, table wine, and
sacramental wine in large quantities for distribution and sale;
(b) receive beer, table wine, and sacramental
wine from an importer, brewery, winery, wholesaler, or distributor only if:
(i) the importer, brewery, winery,
wholesaler, or distributor is licensed by or registered with the
department;
(ii) all product labels
have been approved by the department; and
(iii) an agreement of distributorship
agreement is in place between the manufacturer or importer and the wholesaler
or distributor and has been filed with the department in accordance with
16-3-226 and 16-3-416, MCA;
(c) store beer, table wine, and sacramental
wine only on the licensed premises or the premises of its licensed
subwarehouse;
(d) except as
provided in 16-3-219 and 16-3-418, MCA, deliver alcoholic beverages using its
own employees, trucks, and equipment;
(e) sell beer, table wine, and sacramental
wine only in its original packaging;
(f) sell and deliver beer, table wine, and
sacramental wine under its Montana license only to the premises of other
licensed wholesalers or distributors, licensed alcoholic beverage retailers,
agency liquor stores, or to the location of catered events of a licensed
alcoholic beverage retailer, special events for a special permit holder,
approved noncontiguous alcoholic beverage storage areas or resort alternate
alcoholic beverage storage facilities, or under a department-approved delivery
arrangement, as provided in 16-3-219, MCA. This does not in any way prohibit
the licensee from operating in compliance with other state or federal
law;
(g) prevent the consumption of
alcoholic beverages on the licensed premises and the premises of any licensed
subwarehouse;
(h) not possess any
interest in real or personal property owned, occupied, or used by an alcoholic
beverage retailer in the conduct of the retailer's business; and
(i) electronically file all required
alcoholic beverage tax returns and pay any taxes owed as provided in
law.
(2) A beer
wholesaler and/or table wine distributor shall only sell product under a bona
fide sale. It shall not sell product on consignment, under conditional sale,
with the privilege of return, or in a sale involving acquisition of other
products.
(3) A beer wholesaler
and/or table wine distributor shall only exchange or accept product returned
from an alcoholic beverage retailer, wholesaler, or distributor for ordinary
and usual commercial reasons, such as defective product, a delivery error, and
discontinued product or business. It shall not accept product returned based
upon the product being overstocked, slow moving, or seasonal.
AUTH: 16-1-303, MCA; IMP: 16-3-212, 16-3-219, 16-3-231,
16-3-232, 16-3-242, 16-3-301, 16-3-404, 16-3-406, 16-3-418, 16-4-103, 16-4-106,
16-4-108, 16-4-402, 16-4-415, MCA
