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42.13.105    APPLICABILITY OF LICENSES; PREMISES DEFINED; GOLF COURSE EXCEPTION; PORTABLE SATELLITE VEHICLE; MOVABLE DEVICES

(1) All licenses shall be applicable only to the premises to which they were issued. The premises are described by a floor plan on file with the department, which accompanied the application and was approved by the department. The licensee must have possessory interest in the entire premises. No more than one license can be issued for the area described in the floor plan unless the first license has been granted nonuse status. The licensee may amend the floor plan after submitting a written request to alter the licensed premises and gaining department approval pursuant to ARM 42.13.106. In the case where a licensee conducts, as a single business enterprise, two or more service areas located on the same premises which have such access as will enable patrons to move freely from one service area to another without leaving the premises, the various service areas shall be regarded as one premises for which one license is required. In all other cases, licenses must be obtained for each service area even though operated in the same building with another service area.

(2) Retail all-beverages licensees operating at a golf course may sell alcoholic beverages and golf courses holding a golf course beer and table wine license may sell beer and table wine, under the provisions of 16-3-302 , MCA, anywhere within the golf course boundaries from portable satellite devices and other moveable satellite devices.

(3) Premises licensed prior to the effective date of this rule that do not meet these standards will be required to meet the standards described in (1) when requesting the department to approve an application for transfer of ownership, and/or location or a request to alter the existing licensed premises.

History: Sec. 16-1-303, MCA; IMP, Sec. 16-3-302, 16-3-311, 16-4-109, 16-4-404, and 16-6-104, MCA; NEW, Eff. 11/3/75; AMD, 1987 MAR p. 1213, Eff. 7/31/87; AMD, 1996 MAR p. 3146, Eff. 12/6/96; AMD, 2001 MAR p. 449, Eff. 3/23/01; AMD, 2002 MAR p. 2337, Eff. 8/30/02; AMD, 2004 MAR p. 1972, Eff. 8/20/04.

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