(1) Product samples may only be provided in the sample room as shown on the floor plan, which has been submitted and approved by the department.

(2) A winery located in Montana is not a retail licensee.

(3) A sample room may include a deck or patio, as long as the deck or patio is immediately adjacent to the winery sample room and can only be accessed from the winery. The deck or patio must be enclosed in such a manner as to restrict its access and view from the general public on the street or sidewalk.