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(1) All new concession agreements must be submitted to the department for review and approval prior to their execution and/or effective date, and must set forth the following:

(a) the nature of the agreement is one that arises from a mutually beneficial situation only;

(b) the agreement gives the licensee possessory interest in the concessioned premises;

(c) the licensee's amended floor plan, including the new service area, will accompany the agreement;

(d) the licensee is responsible for the sales and service of all alcoholic beverages;

(e) the parties may share the employees. In the event of shared employees, the licensee must retain the right to discipline or otherwise sanction any employee in relation to the service of alcohol. Any violation of liquor law is the sole responsibility of the licensee;

(f) the non-licensed entity cannot order, or otherwise purchase, any alcoholic beverage product from a wholesaler or agency liquor store;

(g) the agreement must include language that allows the licensee to terminate the agreement without cause; and

(h) that all the proceeds from the sale of alcoholic beverages are the property of the licensee.

(2) The department, upon receipt of the concession agreement and any supporting documentation, will advise the licensee within seven working days of approval or denial of the agreement. Upon approval of the agreement, the license will reflect language that the licensee is also serving alcoholic beverages in the establishment.

(3) A licensee must submit any modification or assumption of an existing concession agreement for review and approval by the department. The concessionaire may continue to operate the business pending approval by the department.

History: Sec. 16-1-303, MCA; IMP, Sec. 16-3-305, 16-3-311, 16-4-401, and 16-4-402, MCA; NEW, 2003 MAR p. 21, Eff. 1/17/03; AMD, 2004 MAR p. 1972, Eff. 8/20/04.

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