(1) Any retail license not used in an operating establishment for a period of 90 consecutive days without department approval shall be lapsed for nonuse in accordance with 16-3-310 , MCA.

(2) For the purpose of this rule "week" refers to any consecutive seven-day period.

(3) An establishment is an operating establishment if it meets the following criteria:

(a) it is open at least 20 hours a week for any four weeks in a 90-day period;

(b) inventory of at least ten cases of alcoholic beverages is maintained on the premises each day that the establishment is open;

(c) alcoholic beverages are displayed for sale in the purchase or consumption area of the establishment each day that the establishment is open; and

(d) the sale of alcoholic beverages is at least $50 each week that the establishment is open.

(4) A licensee who is unable to maintain an operating establishment must request in writing the department's approval to close the establishment for a period greater than 90 days.

(a) In the case of an establishment that is operated seasonally, the department must receive a written request from the licensee to close for a specified period greater than 90 days. The department will authorize the closure and will not lapse the license if it determines that the premises is a dude ranch, resort, park hotel, tourist facility or like business. The closure is only effective from the date of the department's letter of authorization through the end of the specified period.

(b) In the case of closure that was reasonably beyond the control of the licensee, the licensee must submit a written request to the department for authorization to close for greater than 90 days. The department will authorize a closure and will not lapse the license if it determines that the cause was due to loss of lease for the premises, destruction of the premises, bankruptcy or foreclosure action, serious illness or death of the licensee, or like circumstances. The closure is only effective for the period specified in the department's letter of authorization.