(1) An applicant applying to the department to
transfer an all-beverages license under the provisions of 16-4-204, MCA,
may negotiate a bona fide sale
with the owner of a license, located in a quota area from which that
license may be transferred, to purchase a license and, if no lottery drawing is
required, submit an application for transfer of ownership and location in
compliance with ARM 42.12.209 and 42.12.210.
(2) An applicant applying to the
department to transfer an all-beverages license under the provisions of
16-4-204, MCA, whose lottery entry is successful in a lottery drawing, is
required to have entered into an agreement to purchase a transferable license
within 60 days after the lottery drawing and submit additional documents needed
to effect a transfer of ownership and location. However, additional time can
be requested and approved by the department when the applicant can demonstrate
that the applicant is actively pursuing the purchase of a license, and that
failure to purchase a license is through no fault of the applicant. The
additional time is not to exceed 60 days. An additional fee is required to
cover the costs of republishing the transfer notice in a newspaper within the
area from which the license is proposed to be transferred.
(3) Documentation required under
(a) a completed application
(b) a transfer fee;
(c) a purchase agreement;
(d) a request for termination of
existing secured parties' interest and the applicable fee ($10 each) ;
(e) a floor plan of the proposed
(f) other documents which may be
needed or specified on the application form, depending upon the response to
certain questions, for example: lease or sales agreements. The department or
hearing examiner may require additional documentation as deemed necessary to
reach a final decision.
(4) Documentation required under
(1) is the same as that itemized in (3) (a) through (f) . However, a signed
purchase agreement and a request for termination of secured parties' interests
are not required upon initial filing of the application.
(5) If an applicant is unable to
enter into an agreement to purchase a transferable license within the time
provided in (2) the application will be rejected and the application ranked
next in the lottery drawing will be processed. This procedure is not
constrained by 16-4-413, MCA.