(1) A vendor must register a representative with the department in accordance with the provisions of ARM 42.11.212 through 42.11.215.

(2) No person may be registered as a representative if he or she:

(a) has a direct or indirect financial interest in:

(i) an alcoholic beverage retail license;

(ii) a state agency liquor store;

(iii) a beer wholesaler's license;

(iv) a table wine distributor's license;

(v) a brewery; or

(vi) a licensed winery;

(b) is an officer, director, agent, or employee of an alcoholic beverage retail licensee, licensed beer wholesaler, table wine distributor, brewer, or licensed winery;

(c) is under the age of 18 years;

(d) has a history that would affect the performance of the representative; or

(e) is a nonresident of Montana.

(3) Individuals seeking registration as a representative must submit a properly completed application to the department and supply proof of residency, as per 16-3-107, MCA. The completed application, proof of residency, and the requirements in (2) will be reviewed by the department for the purpose of approving a registration of representative.

(4) An application to register a representative must be signed by the vendor or an official of the vendor or the vendor's broker.

(5) Registration of a representative is effective upon approval by the department.

(6) In addition to the definition of "resident" found in ARM Title 42, chapter 2, evidence of residency includes:

(a) qualification to vote in a Montana election;

(b) filing a Montana income tax return; or

(c) having a current Montana driver's license.