Administrative Rules of Montana
Department 42 - REVENUE
Chapter 42.13 - REGULATION OF LICENSEES
Subchapter 42.13.8 - Distilleries
Rule 42.13.802 - DISTILLERY - CONDITIONS FOR OPERATING
Universal Citation: MT Admin Rules 42.13.802
Current through Register Vol. 18, September 20, 2024
(1) In addition to all other alcoholic beverage licensing requirements, a distillery shall:
(a) not sell, deliver, or provide any
alcoholic beverages until the licensee has obtained a certificate of label
approval or an exemption from label approval from the Alcohol and Tobacco Tax
and Trade Bureau and product approval from the department;
(b) except as provided in 16-4-401(9), MCA,
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;
(c) store alcoholic
beverages only on the premises;
(d)
store on the premises only the alcoholic beverages for which the premises are
licensed or those authorized under an approved alternating proprietor
arrangement;
(e) except as provided
in 16-3-316(4)(a), MCA, sell and deliver its product in Montana only in
original packaging and to the department; and
(f) maintain records documenting its business
operations including, but not limited to, the sale, production, storage, and
processing of alcoholic beverages on the premises.
(2) A license to operate a distillery is not a retail license.
(3) In addition to all other requirements, a microdistillery shall:
(a) electronically file all required
alcoholic beverage tax returns and pay any taxes owed as provided in
law;
(b) only transfer alcoholic
beverages from a manufacturing area or storage area to a sample room in
original packaging;
(c) prevent the
consumption of alcoholic beverages in the manufacturing area or storage area
except as authorized by federal law;
(d) prevent the self-service of alcoholic
beverages on the premises;
(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;
(f) prevent the
on-premises consumption of alcoholic beverages not sold or provided at the
premises and those sold in original packaging for off-premises
consumption;
(g) only provide
alcoholic beverages to consumers at a microdistillery for on-premises or
off-premises consumption that have been produced at the microdistillery. For
purposes of this requirement only, an alcoholic beverage is considered to have
been produced at a microdistillery only if:
(i) on a quarterly basis, at least 90 percent
of the liquor provided at the microdistillery for on-premises or off-premises
consumption was distilled at the microdistillery; and
(ii) all liquor provided at the
microdistillery for on-premises and off-premises consumption contains alcohol
that was distilled at the microdistillery;
(h) notify the department of the percentage
of alcohol distilled at the microdistillery for each liquor product prior to
providing the product to consumers at the microdistillery for on-premises or
off-premises consumption. The microdistillery shall notify the department of
any changes to the percentages on file with the department prior to providing
the changed product to consumers.
(4) In addition to all other requirements, a microdistillery that operates a sample room shall:
(a) refrain from providing alcoholic
beverages to consumers for on-premises consumption until a sample room is
approved by the department;
(b)
prevent the consumption or possession of alcoholic beverages outside of an
approved sample room and any approved patio/deck;
(c) prevent the sale of alcoholic beverages
for on-premises consumption between 8 p.m. and 10 a.m.;
(d) prevent the consumption or possession of
alcoholic beverages on the premises between 9 p.m. and 10 a.m. by removing all
alcoholic beverages other than those sold for off-premises consumption pursuant
to (5) from individuals' possession by 9 p.m.; and
(e) regardless of the liquor product's
alcohol content, provide no more than a combined total of 2 ounces of liquor
products approved for labeling or exempt from labeling for on-premises
consumption or prepared servings for curbside pickup to any individual during a
business day.
(5) In addition to all other requirements, a microdistillery that conducts off-premises sales shall:
(a) sell alcoholic
beverages only in original packaging;
(b) sell alcoholic beverages only in an
approved sample room except for curbside pickup, including a drive-through
window, that were ordered online, in person, or through the phone;
(c) sell no more than 4.5 liters of liquor
product approved for labeling or exempt from labeling in one day to an
individual;
(d) sell alcoholic
beverages for off-premises consumption only between 8 a.m. and 2 a.m.;
and
(e) deliver alcoholic beverages
only to the department or an agency liquor store; the delivery of alcoholic
beverages to consumers off-site is prohibited.
AUTH: 16-1-303, 16-1-424, MCA; IMP: 16-1-404, 16-3-301, 16-3-304, 16-3-305, 16-3-312, 16-4-311, 16-4-312, 16-4-501, MCA
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