(1) The department may issue a domestic distillery license to a person holding a federal basic permit for a distilled spirits plant.

(2) All domestic distilleries must meet the premises suitability requirements in ARM 42.12.122 and 42.12.139. A domestic distillery's premises may include more than one building if the land on which the buildings are located is contiguous and the licensee has complete control over and possessory interest in the property.

(3) Upon approval by the department, a domestic distillery licensee may own, lease, maintain, and operate a non-contiguous warehouse for the sole purpose of storing liquor. To seek approval, the licensee shall submit a form provided by the department and include:

(a) verification that the Alcohol and Tobacco Tax and Trade Bureau approved the licensee's registration to operate the warehouse;

(b) verification that local building, health, and fire officials approved the warehouse for its intended use; and

(c) proof of complete control over and possessory interest in the land and warehouse.

(4) A domestic distillery licensee shall maintain records documenting its business operations including, but not limited to, the production, storage, and processing of liquor on the premises.

(5) A domestic distillery may qualify as a microdistillery to sell liquor it produces at the microdistillery's sample room for on- or off-premises consumption if it distills 25,000 gallons or less of liquor annually at the microdistillery and meets the requirements in ARM 42.13.805.