(1) Except as provided in 23-5-117 , MCA, the department may not approve a premises for issuance of an operator's license if the premises:

(a) shares a common internal wall with another premises for which an operator's license has been issued; and

(b) the wall contains an internal entrance through which public access is allowed.

(2) If an internal entrance contained in a common wall is intended for nonpublic use only, the following conditions must be met to prohibit public access through the entrance:

(a) The entrance must be clearly identified as an entrance for nonpublic use only.

(b) The entrance must lead into an area in which the public does not normally have access, such as a storage area, an area located behind a bar or cashier booth, or a food service, preparation, or distribution area.

History: 23-5-115, MCA; IMP, 23-5-117, MCA; NEW, 1991 MAR p. 1942, Eff. 10/18/91.