Montana Administrative Register Notice 42-2-837 No. 18   09/23/2010    
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In the matter of the adoption of New Rule I (42.12.314) and amendment of ARM 42.12.302, 42.12.312, 42.12.313, and 42.12.323 relating to special licenses and permits








TO:  All Concerned Persons


1.  On July 29, 2010, the department published MAR Notice No. 42-2-837 regarding the proposed adoption and amendment of the above-stated rules at page 1712 of the 2010 Montana Administrative Register, issue no. 14.


2.  A public hearing was held on August 19, 2010, to consider the proposed adoption and amendment.  Ms. Kristi Blazer, representing the Montana Beer and Wine Distributors Association, Mr. Tony Herbert, representing the Montana Brewers Association, and Mr. Bill Campbell, Jr., representing Joe's Family Steakhouse, appeared at the hearing.  Ms. Blazer testified and her comments and the department's responses are referenced below.  No written comments were received.


COMMENT NO. 1:    Ms. Kristi Blazer suggested that "ordinary retail price" be defined in the rule.


RESPONSE NO. 1:  The department appreciates Ms. Blazer's comments and has subsequently added a definition of "ordinary retail price" in ARM 42.12.302, which is the definition rule for this subchapter.


3.  Based on the comments received at the hearing, the department amends ARM 42.12.302 to define the term "ordinary retail price" as shown below:


42.12.302  DEFINITIONS  The following terms will be used in this subchapter:

(1) through (7) remain the same.

(8)  "Ordinary retail price" means the everyday price established by the retailer for the sale of alcoholic beverages to consumers.  For distilled spirits and fortified wine, the price cannot be less than the department's posted price.

(8) through (11) remain the same but are renumbered (9) through (12).


AUTH:  16-1-303, MCA

IMP:  16-4-201, 16-4-202, 16-4-301, MCA


3.  The department adopts New Rule I (42.12.314) and amends ARM 42.12.312, 42.12.313, and 42.12.323 as proposed.


4.  An electronic copy of this adoption notice is available through the department's site on the World Wide Web at www.mt.gov/revenue, under "for your reference"; "DOR administrative rules"; and "upcoming events and proposed rule changes."  The department strives to make the electronic copy of this adoption notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered.  In addition, although the department strives to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.




/s/  Cleo Anderson                                        /s/  Dan R. Bucks

CLEO ANDERSON                                      DAN R. BUCKS

Rule Reviewer                                               Director of Revenue


Certified to Secretary of State September 13, 2010


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