Rule 42.13.1105 - OFF-PREMISES CONSUMPTION BEER AND TABLE WINE LICENSE - CONDITIONS FOR OPERATING(1) In addition to all other alcoholic beverage licensing requirements, an off-premises consumption beer and table wine licensee shall: (a) only purchase and possess on the premises 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) and 16-4-404(7), MCA;(b) store beer and/or table wine only on the premises or in an approved noncontiguous alcoholic beverage storage area;(c) sell beer and/or table wine for off-premises consumption only in their original packages;(d) operate as a stand-alone beer and/or table wine business, grocery store, or drugstore licensed as a pharmacy; and(e) prevent the sale of alcoholic beverages between 2 a.m. and 8 a.m.(2) The sale of alcoholic beverages must occur on the premises. An off-premises consumption beer and/or table 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.(3) In addition to the requirements in (1), an off-premises consumption beer and/or table wine licensee that operates in a grocery store shall maintain groceries with a retail value of at least $3,000 at all times. The inventory must include at least three different types of items in each of the following categories: meats, vegetables, fruits, baked goods, dairy, and household supplies. For example, three different types of items in the dairy category would be cheese, milk, and butter, but skim milk, chocolate milk, and whole milk would not be considered as three different types of items in the dairy category.(4) The delivery of alcoholic beverages by an off-premises consumption beer and table wine licensee to the consumer off-site is prohibited.(5) An off-premises consumption beer and/or table wine licensee may purchase up to a total of six gallons of beer or table wine per day from licensed instate retailers. The licensee shall maintain records for beer or table wine purchased from 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.Mont. Admin. r. 42.13.1105
Transfer from 42.12.137, 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, 16-3-304, 16-3-305, 16-3-312, 16-4-115, 16-4-402, 16-4-405, MCA