Limit on retail beer licenses -- wine license amendments -- limitation on use of license -- exceptions
(1) Except as otherwise provided by law, a license to sell beer at retail or beer and wine at retail, in accordance with the provisions of this code and the rules of the department, may be issued to any person, firm, or corporation that is approved by the department as a person, firm, or corporation qualified to sell beer, except that:
(a) the number of retail beer licenses that the department may issue for premises situated within incorporated cities and incorporated towns and within a distance of 5 miles from the corporate limits of the cities and towns must be determined on the basis of population prescribed in 16-4-502 as follows:
(i) in incorporated towns of 500 inhabitants or less and within a distance of 5 miles from the corporate limits of the towns, not more than one retail beer license;
(ii) in incorporated cities or incorporated towns of more than 500 inhabitants and not over 2,000 inhabitants and within a distance of 5 miles from the corporate limits of the cities or towns, one retail beer license for every 500 inhabitants;
(iii) in incorporated cities of over 2,000 inhabitants and within a distance of 5 miles from the corporate limits of the cities, four retail beer licenses for the first 2,000 inhabitants, two additional retail beer licenses for the next 2,000 inhabitants or major fraction of 2,000 inhabitants, and one additional retail beer license for every additional 2,000 inhabitants;
(b) the number of the inhabitants in incorporated cities and incorporated towns, exclusive of the number of inhabitants residing within a distance of 5 miles from the corporate limits of the cities or towns, governs the number of retail beer licenses that may be issued for use within the cities and towns and within a distance of 5 miles from the corporate limits of the cities and towns. If two or more incorporated municipalities are situated within a distance of 5 miles from each other, the total number of retail beer licenses that may be issued for use in both the incorporated municipalities and within a distance of 5 miles from their respective corporate limits must be determined on the basis of the combined populations of both municipalities and may not exceed the limitations in this section. The distance of 5 miles from the corporate limits of any incorporated city or incorporated town must be measured in a straight line from the nearest entrance of the premises proposed for licensing to the nearest corporate boundary of the city or town.
(c) retail beer licenses of issue on March 7, 1947, and retail beer licenses issued under 16-4-110 that are in excess of the limitations in this section are renewable, but new licenses may not be issued in violation of the limitations;
(d) the limitations do not prevent the issuance of a nontransferable and nonassignable retail beer license to an enlisted persons', noncommissioned officers', or officers' club located on a state or federal military reservation on May 13, 1985, or to a post of a nationally chartered veterans' organization or a lodge of a recognized national fraternal organization if the veterans' or fraternal organization has been in existence for a period of 5 years or more prior to January 1, 1949;
(e) the number of retail beer licenses that the department may issue for use at premises situated outside of any incorporated city or incorporated town and outside of the area within a distance of 5 miles from the corporate limits or for use at premises situated within any unincorporated area must be determined by the department in its discretion, except that a retail beer license may not be issued for any premises so situated unless the department determines that the issuance of the license is required by public convenience and necessity pursuant to 16-4-203. Subsection (3) does not apply to licenses issued under this subsection (1)(e). The owner of the license whose premises are situated outside of an incorporated city or town may offer gambling, regardless of when the license was issued, if the owner and premises qualify under Title 23, chapter 5, part 3, 5, or 6.
(2) A person holding a license to sell beer for consumption on the premises at retail may apply to the department for an amendment to the license permitting the holder to sell wine as well as beer. The department may issue an amendment if it finds, on a satisfactory showing by the applicant, that the sale of wine for consumption on the premises would be supplementary to a restaurant or prepared-food business. Except for beer and wine licenses issued pursuant to 16-4-420, a person holding a beer and wine license may sell wine for consumption on or off the premises. Nonretention of the beer license, for whatever reason, means automatic loss of the wine amendment license.
(3) (a) Except as provided in subsections (1)(e) and (3)(b), a license issued pursuant to this section after October 1, 1997, must have a conspicuous notice that the license may not be used for premises where gambling is conducted.
(b) Subsection (3)(a) does not apply to licenses issued under this section if the department received the application before October 1, 1997. For the purposes of this subsection (3)(b), the application is received by the department before October 1, 1997, if the application's mail cover is postmarked by the United States postal service before October 1, 1997, or if the application was consigned to a private courier service for delivery to the department before October 1, 1997. An applicant who consigns an application to a private courier shall provide to the department, upon demand, documentary evidence satisfactory to the department that the application was consigned to a private courier before October 1, 1997.
(4) A license issued under subsection (1)(e) that becomes located within 5 miles of an incorporated city or town because of annexation after April 15, 2005, may not be transferred to another location within the city quota area for 5 years from the date of the annexation.
(1) Except as otherwise provided by law, a license to sell beer at retail or beer and in wine at retail, in accordance with the provisions 16-4-109, 16-4-110, 16-4-115, 16-4-420, of and chapter 4, part 3, this of code this title, a license and to sell beer and wine at retail, in accordance with the provisions rules of this code and of the rules of the department, may be issued to any person, firm, person or corporation business entity that is approved by
(a) The the number number of retail beer and wine licenses that the department may issue for premises situated within incorporated cities and incorporated towns and within a distance of 5 5 miles from the of corporate the corporate limits of the cities and towns must be determined on the basis of population prescribed in 16-4-502 as follows:
(i) in incorporated towns of 500 inhabitants or less fewer and within a distance of 5 5 miles from the of corporate the corporate limits of the towns, not more than one retail beer and wine license;
(ii) in incorporated cities or incorporated towns of more than 500 inhabitants and not over more than 2,000 inhabitants and within a distance of 5 5 miles from the of corporate the corporate limits of the cities or towns, one retail beer and wine license for every 500 inhabitants;
(iii) in incorporated cities of over more than 2,000 inhabitants and within a distance of 5 5 miles from the of corporate the corporate limits of the cities, four retail beer and wine licenses for the first 2,000 inhabitants, two additional retail beer and wine licenses for the next 2,000 inhabitants or major fraction of 2,000 inhabitants, and one additional retail beer and wine license for every each additional 2,000 inhabitants; inhabitants.
(b) the The number of the inhabitants in each incorporated cities and city or incorporated towns, town, exclusive of the number of inhabitants residing within a distance of 5 5 miles from the of corporate the corporate limits of the cities city or towns, town, governs the number of retail beer and wine licenses that may be issued for use within the cities city or town and towns and within a distance of 5 5 miles from the of corporate the corporate limits of the cities and towns. If two city or more incorporated municipalities are situated within a town. The distance of 5 miles from each other, the total number corporate limits of retail beer licenses that may an be incorporated issued for use city or in incorporated both town must be measured in the a incorporated municipalities and within a distance straight line of from 5 miles from their respective corporate limits must be determined on the basis nearest entrance of the combined populations premises proposed for licensing to of the both municipalities and may not exceed nearest corporate boundary the of limitations in this section. The distance of 5 miles from the corporate limits of any incorporated city or incorporated town must be measured town. A license that is restricted by quota limitations in a straight line from the nearest entrance of the premises proposed for licensing to the this section may not be located farther than: nearest corporate boundary of the city
(i) the county boundary within which the incorporated city or incorporated town is located; or
(ii) the line that separates the incorporated city's or incorporated town's boundary from another incorporated city or incorporated town as specified in this section.
(c) retail beer licenses of issue on March 7, 1947, and retail beer licenses issued under 16-4-110 that are in excess of the limitations in this section are renewable, but new licenses may not be issued in violation of the limitations;
(c) (i) When the 5-mile boundary of one incorporated city or incorporated town overlaps the 5-mile boundary of another incorporated city or incorporated town, the quota area for each city or town terminates in a straight line equidistant between each city or town.
(ii) If there are more than two overlapping quota areas, the quota area for each city or town terminates from the center of the overlap in a straight line to the intersecting exterior point of overlap. Licenses existing as of November 24, 2017, will be designated as belonging to whichever quota area they are in as a result of the straight line equidistant between each city or town, except for the following:
(A) In the Helena and East Helena previously combined quota area, the straight line will be drawn connecting the two outermost edges of the Helena corporate boundaries and extend outward to the quota area boundaries. Any license existing as of November 24, 2017, with a physical address of Helena will become a Helena license or with a physical address of East Helena will become an East Helena license, regardless of where it falls in the new quota areas.
(B) In the Pinesdale and Hamilton previously combined quota area, the straight line will be drawn along Mill Creek road to the quota area boundaries.
(C) In the Polson and Ronan quota areas, the straight line will be drawn from U.S. highway 93 west on Pablo West road to the quota area boundary and east on Clairmont road extending out to the quota area boundary. Any license existing as of November 24, 2017, within the Polson quota area will become a Polson license, regardless of where it falls in the new quota areas. Any license existing as of November 24, 2017, within the Ronan quota area will become a Ronan license, regardless of where it falls in the new quota areas.
(d) the limitations do not prevent the issuance Retail of beer a nontransferable and nonassignable wine licenses of issue on March 7, 1947, and retail beer license to an enlisted persons', noncommissioned officers', or officers' club located on a state or and wine licenses issued under 16-4-110 that are in excess of the limitations in this federal military reservation on May 13, 1985, or to a post of a nationally chartered section are renewable, but new licenses may not be issued in violation veterans' organization or a lodge of a recognized national fraternal organization if the veterans' or fraternal organization has been in existence for a period of 5 years or limitations. more prior to January 1, 1949;
(e) The limitations do not prevent the number issuance of a nontransferable and nonassignable retail beer licenses that the department may issue for use at premises situated outside of any incorporated city or and incorporated town and outside of the area within a distance of 5 miles from the wine license to an enlisted persons', noncommissioned officers', corporate limits or for use at premises situated within any unincorporated area must be determined by the department officers' club located on in its discretion, except that a retail beer license may not be issued for any premises so situated unless the department state or federal military reservation on May 13, 1985, or to a post determines that the issuance of the license is required by public convenience and necessity pursuant to 16-4-203. Subsection (3) does a nationally chartered veterans' organization or a lodge of a recognized national fraternal organization if not apply to licenses issued under this subsection (1)(e). The owner of the license whose premises are situated outside of an incorporated city veterans' or town may offer gambling, regardless of when the license was issued, if the owner and fraternal organization has been in continuous existence for a period of 5 years or more premises qualify under Title 23, chapter 5, part 3, 5, or 6. prior to January 1, 1949, and is applying for a license at the same location that it has occupied for the last 5 years. A post of a nationally chartered veterans'
(f) The number of retail beer and wine licenses that the department may issue for use at premises situated outside of any incorporated city or incorporated town and outside of the area within 5 miles of the corporate limits or for use at premises situated within any unincorporated area must be determined by the department in its discretion, except that a retail beer and wine license may not be issued for any premises so situated unless the department determines that the issuance of the license is required by public convenience and necessity pursuant to 16-4-203. Subsection (8) does not apply to licenses issued under this subsection (1)(f). The owner of the license whose premises are situated outside of an incorporated city or incorporated town may offer gambling, regardless of when the license was issued, if the owner and premises qualify under Title 23, chapter 5, part 3, 5, or 6.
(10) The department may adopt rules to implement this section.
(2) A person holding For a license to sell beer for consumption on the premises at retail may apply to the period of 12 years after November 24, 2017, existing licenses or licenses that resulted from department for an amendment to the license permitting the holder to sell wine applications in process as well as beer. The department may issue an amendment if it finds, on a satisfactory showing by the applicant, that the sale of wine for consumption on the premises would be supplementary to a restaurant or prepared-food business. November 24, 2017, in either of two quota areas that were established as provided in Except for beer and wine licenses issued pursuant to 16-4-420, a person holding a beer subsection (1)(c) and wine license may sell wine for consumption on or off be transferred between the premises. Nonretention two quota areas if they were part of the beer license, for whatever reason, means automatic loss of the wine amendment license. combined quota area prior to November 24, 2017.
(3) A license issued under subsection (1)(f) that becomes located within 5 miles of an incorporated city or town because of annexation may not be transferred to another location within the city quota area any sooner than 5 years from the date of the annexation.
(3) (a) Except as provided in subsections (1)(e) and (3)(b), a license issued pursuant to this section after October 1, 1997, must have a conspicuous notice that the license may not be used for premises where gambling is conducted.
(b) Subsection (3)(a) does not apply to licenses issued under this section if the department received the application before October 1, 1997. For the purposes of this subsection (3)(b), the application is received by the department before October 1, 1997, if the application's mail cover is postmarked by the United States postal service before October 1, 1997, or if the application was consigned to a private courier service for delivery to the department before October 1, 1997. An applicant who consigns an application to a private courier shall provide to the department, upon demand, documentary evidence satisfactory to the department that the application was consigned to a private courier before October 1, 1997.
(4) A license issued under subsection (1)(e) When the department determines that becomes located within 5 miles of an incorporated city or town because of annexation after a quota area is eligible for a new retail beer and wine license under subsection April 15, 2005, may not be transferred to another location within (1) or (2), the city quota area for 5 years from the date of the annexation. department shall use a competitive bidding process as provided in 16-4-430 to determine the party afforded the
(5) When more than one new retail beer and wine license is subject to the competitive bidding process in the same quota area, the department shall conduct a separate competitive bidding process at separate times for each available license.
(6) (a) A person holding a retail beer and wine license may sell beer and wine for consumption on or off the premises.
(b) A person holding a retail beer and wine license may apply to the department and pay a fee for an endorsement to, with the licensee's own employees 21 years of age or older, deliver beer and wine in original packaging if the delivery includes food that is prepared by the licensee at the licensee's premises. The purchase price of the delivered beer and wine may not exceed the purchase price of the delivered food.
(c) A person licensed under this subsection (6) may possess and use liquor in the kitchen of the licensed premises only for the preparation of food and as long as the alcohol content is cooked out of the food at the time of serving. Nothing in this subsection (6)(c) authorizes a licensee to consume, sell, serve, or give away liquor.
(7) A license issued under this section may offer curbside pickup between 8 a.m. and 2 a.m. in original packaging, prepared servings, or growlers.
(8) Except as provided in subsection (1)(f), a license issued pursuant to this section after October 1, 1997, must have a conspicuous notice that the license may not be used for premises where gambling is conducted.
(9) An applicant for a license issued through a competitive bidding process in 16-4-430 shall pay a new license fee equal to the annual fee as provided in 16-4-501 and in subsequent years pay the annual fee for the license as provided in 16-4-501.
Limit on retail beer and licenses wine -- wine licenses – license limitation amendments -- limitation on use of license -- – exceptions – competitive
| EnactedEn. SectionSec. 14, ChapterCh. 46, Ex. Laws ofL. 1933 |
| ReenactedRe-en. SectionSec. 2815.36, Revised Codes of MontanaR.C.M. 1935 |
| AmendedAmd. SectionSec. 1, ChapterCh. 225, Laws ofL. 1947 |
| AmendedAmd. SectionSec. 1, ChapterCh. 165, Laws ofL. 1949 |
| AmendedAmd. SectionSec. 1, ChapterCh. 55, Laws ofL. 1955 |
| AmendedAmd. SectionSec. 1, ChapterCh. 205, Laws ofL. 1959 |
| AmendedAmd. SectionSec. 1, ChapterCh. 271, Laws ofL. 1965 |
| AmendedAmd. SectionSec. 1, ChapterCh. 31, Laws ofL. 1974 |
| SectionSec. 4-333, Revised Codes of MontanaR.C.M. 1947 |
| AmendedAmd. and redesignatedredes. 4-4-201 by SectionSec. 66, ChapterCh. 387, Laws ofL. 1975 |
| AmendedAmd. SectionSec. 5, ChapterCh. 496, Laws ofL. 1977 |
| Revised Codes of MontanaR.C.M. 1947, 4-4-201(1), (3), (4) |
| AmendedAmd. SectionSec. 12, Initiative Measure NumberI.M. No. 81, app. Nov. 7, 1978 |
| AmendedAmd. SectionSec. 1, ChapterCh. 25, Laws ofL. 1981 |
| AmendedAmd. SectionSec. 1, ChapterCh. 86, Laws ofL. 1981 |
| AmendedAmd. SectionSec. 2, ChapterCh. 519, Laws ofL. 1981 |
| AmendedAmd. SectionSec. 1, ChapterCh. 50, Laws ofL. 1983 |
| AmendedAmd. SectionSec. 2, ChapterCh. 595, Laws ofL. 1983 |
| AmendedAmd. SectionSec. 3, ChapterCh. 731, Laws ofL. 1985 |
| AmendedAmd. SectionSec. 2, ChapterCh. 228, Laws ofL. 1995 |
| AmendedAmd. SectionSec. 35, ChapterCh. 530, Laws ofL. 1995 |
| AmendedAmd. SectionSec. 6, ChapterCh. 465, Laws ofL. 1997 |
| AmendedAmd. SectionSec. 1, ChapterCh. 528, Laws ofL. 1997 |
| AmendedAmd. SectionSec. 23, ChapterCh. 7, Laws ofL. 2001 (HB 25 - Sliter, Paul (R) HD 76) |
| AmendedAmd. SectionSec. 1, ChapterCh. 267, Laws ofL. 2005 (SB 497 - Tropila, Joseph (Joe) (D) SD 13) |