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(1) It is unlawful for a bed and breakfast establishment to operate without a license, as specified in 50-51-201 , MCA. Failure to procure a license may subject the operator to criminal penalties as provided in 50-51-106 , MCA, and/or civil penalties, injunctive relief, and costs as provided in 50-51-401 through 50-51-402 , MCA.

(2) Upon notification by the department that an application and fee have been received for a license for a previously unlicensed establishment or by request from the bed and breakfast establishment, the regulatory authority shall make a prelicensing inspection to determine compliance with the requirements of this subchapter.

(3) The regulatory authority shall inspect each licensed establishment within the jurisdiction of the local board of health to determine compliance with this subchapter at least once every 12 months.

(4) If the establishment is in compliance with this subchapter and the department does not receive notification of noncompliance from the building authority or fire authority, a license will be issued or renewed.

(5) A bed and breakfast establishment that serves food only to its registered guests must meet the food service requirements of this rule but does not need a separate food establishment license as required by 50-50-201 , MCA.

(6) An applicant or licensee who is denied a license or whose license is cancelled has the rights specified in 50-51-210 and 50-51-211 , MCA.

History: Sec. 50-51-103 and 50-51-108, MCA; IMP, Sec. 50-51-103, 50-51-201, 50-51-202 and 50-51-204, MCA; NEW, 2003 MAR p. 1338, Eff. 7/1/03.

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