Rule 42.13.1104 - ON-PREMISES CONSUMPTION BEER AND WINE LICENSE - CONDITIONS FOR OPERATING(1) In addition to all other alcoholic beverage licensing requirements, an on-premises consumption beer and wine licensee shall:(a) only purchase and possess on the premises beer from a beer wholesaler or brewery, fortified wine from an agency liquor store, and table wine from a table wine distributor or winery, except as permitted under 16-3-301(8), 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;(c) offer 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 for off-premises consumption pursuant to (2).(2) An on-premises consumption beer and wine 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) except as provided in (4) and (5), the sale of alcoholic beverages must occur on the premises.(3) An on-premises consumption beer and wine 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 on-premises consumption beer and wine 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;(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 on-premises consumption beer and wine licensee may purchase up to a total of six gallons of beer or table wine per day from licensed in-state retailers. The licensee shall maintain records for 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 the beer or table wine was purchased;(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 on-premises consumption beer and wine licensee may allow a customer to take partially consumed bottles of wine with them 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.Mont. Admin. r. 42.13.1104
Transfer from 42.12.136, 2017 MAR p. 493, Eff. 4/29/2017; AMD, 2022 MAR p. 1932, Eff. 9/26/2022; AMD, 2024 MAR p. 2303, Eff. 9/21/2024AUTH: 16-1-303, MCA; IMP: 16-3-301, 16-3-303, 16-3-304, 16-3-305, 16-3-311, 16-3-312, 16-3-411, 16-4-104, 16-4-105, 16-4-405, 16-6-306, MCA