42.13.1104    ON-PREMISES CONSUMPTION BEER LICENSE - CONDITIONS FOR OPERATING

(1) In addition to all other alcoholic beverage licensing requirements, an on-premises consumption beer licensee shall:

(a) only purchase and possess on the premises beer from a beer wholesaler or brewery, except as permitted under 16-6-306, MCA, and described in (6);

(b) store alcoholic beverages only on the premises or in an approved noncontiguous alcoholic beverage storage area;

(c) offer beer for on-premises consumption;

(d) prevent the self-service of alcoholic beverages on the premises;

(e) prevent the sale of alcoholic beverages for on-premises or off-premises consumption between 2 a.m. and 8 a.m.;

(f) prevent the consumption or possession of alcoholic beverages on the premises between 2 a.m. and 8 a.m., by removing all alcoholic beverages other than those sold for off-premises consumption pursuant to (3) from individuals' possession by 2 a.m.;

(g) prevent the consumption or possession of alcoholic beverages on the premises by persons who are under 21 years of age or actually, apparently, or obviously intoxicated; and

(h) prevent the on-premises consumption of alcoholic beverages not sold or provided at the premises and those sold for off-premises consumption pursuant to (3).

(2) In addition to the requirements and exceptions in (1), an on-premises consumption beer licensee with a wine amendment shall:

(a) only purchase and possess on the premises fortified wine from an agency liquor store and table wine from a table wine distributor or winery, except as described in (6);

(b) offer wine for on-premises consumption; and

(c) operate a restaurant or prepared-food business on the premises.

(3) An on-premises consumption beer licensee and an on-premises consumption beer licensee with a wine amendment may sell alcoholic beverages for off-premises consumption under the following conditions:

(a) alcoholic beverages must be sold in original packaging, prepared servings filled at the time of sale, or growlers of beer or table wine filled at the time of sale; and

(b) except as provided in (5) and (6), the sale of alcoholic beverages must occur on the premises.

(4) An on-premises consumption beer licensee and an on-premises consumption beer licensee with a wine amendment may use curbside pickup, including a drive-through window, to sell alcoholic beverages that were ordered online or through the phone.

(5) An on-premises consumption beer licensee and an on-premises consumption beer licensee with a wine amendment may deliver alcoholic beverages to a customer off-site under the following conditions:

(a) the licensee must apply for, and be issued, a delivery endorsement from the department. The application fee for the delivery endorsement is $200;

(b) alcoholic beverage delivery is limited to beer and wine - depending on the license amendment - in original packaging;

(c) the licensee may deliver alcoholic beverages if the delivery includes food purchased from and prepared by the licensee. The purchase price of the delivered beer and wine - depending on the license amendment - may not exceed the purchase price of the delivered food; and

(d) the licensee must use its employees who are 21 years of age or older for all food deliveries that include alcoholic beverages. Third-party delivery companies are prohibited.

(6) An on-premises consumption beer licensee and an on-premises consumption beer licensee with a wine amendment may open and serve wine from a sealed bottle that was brought on to the premises by a patron and may charge a corkage fee.

History: 16-1-303, MCA; IMP, 16-3-301, 16-3-303, 16-3-304, 16-3-305, 16-3-311, 16-3-312, 16-3-411, 16-4-104, 16-4-105, 16-4-405, 16-6-306, MCA; NEW, 2012 MAR p. 1846, Eff. 9/21/12; AMD, 2014 MAR p. 2980, Eff. 12/12/14; AMD and TRANS, from ARM 42.12.136, 2017 MAR p. 493, Eff. 4/29/17; AMD, 2022 MAR p. 1932, Eff. 9/26/22.