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42.13.106    CHANGE OR ALTERATION IN PREMISES

(1) Any alteration or change to a licensed premises or any significant change to the manner of operation other than a cosmetic change, as defined in 16-3-311 , MCA, must be preapproved by the department.

(2) A licensee must submit a proposed floor plan to the department prior to making alterations, and complete an alteration questionnaire provided by the department.

(3) Upon receipt of the alteration questionnaire and all supporting documentation, the department will advise the licensee within seven working days of approval or denial to proceed with the alteration.

(4) Upon approval by the department, the licensee may start alterations. In the event the premises becomes inoperable, the licensee must request nonuse status.

(5) Upon completion of the alterations, the licensee must notify the department and provide respective building, health, and fire code approval. A premises inspection will be arranged by the department. In the case of an addition of an area not already licensed, the licensee must first have a premises inspected by the Department of Justice.

(6) Upon written approval by the department, the alteration is considered complete and any new addition will be considered part of the floor plan.

(7) Any alteration or change to a licensed premises without prior approval as set forth in (1) will be considered a violation and subject to penalty.

History: Sec. 16-1-303, MCA; IMP, Sec. 16-1-303, 16-3-311, and 16-4-402, MCA; NEW, Eff. 11/3/75; AMD, 1985 MAR p. 170, Eff. 2/15/85; AMD, 2002 MAR p. 2337, Eff. 8/30/02; AMD, 2004 MAR p. 1972, Eff. 8/20/04.

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