(1) An establishment, as defined in 50-40-103 , MCA, may apply to the department for a certificate indicating that the department has determined that it is a bar qualifying for the exception from the provisions of Title 50, chapter 40, part 1, MCA, as provided in 50-40-104 (5), MCA.

(2) An application for certification may be obtained from the Department of Public Health and Human Services, Montana Tobacco Use Prevention Section, P.O. Box 202951, Helena, MT 59620-2951.

(3) A completed application must be submitted to the department at the address cited in (2). The signature and documentation required by the application will be verified by the department or its designee.

(4) If the department or its designee determines, at the time of application or after a certificate has been granted, that the establishment does not qualify for the exception allowed by 50-40-104 (5), MCA, written notice of that decision and the factual basis for the decision will be sent to the individual who submitted the application.

(5) By November 30 and May 31 of each year, the department will mail to the local board of health of each county a list of the bars in that county that have a current certificate of exception.

(6) Each bar that qualifies for an exception from the provisions of Title 50, chapter 40, part 1, MCA, must post, at the entrance to the bar, an easily readable sign that minors are not allowed in the areas where smoking is allowed.