(1) The number of state agency liquor stores that may be
located in a community will vary with the population in a community. The number
of stores that may be located in a community may vary as prescribed in
16-2-109, MCA.
(2) A
new state agency liquor store will be operated by an agent.
(3) The
department will conduct a public hearing to open a new state agency store in a
community when all of the following conditions are met:
(a) The
department receives a petition signed by at least the minimum qualified
petitioners to open a state agency store in the community. The petition must
clearly state that its purpose is to have the department open a state agency
liquor store in the community which will be operated by an agent under contract
with the department. The petition must show the printed name, mailing address
and signature of each person signing the petition.
(b) The
department receives a letter from a person willing to submit a proposal or bid
to operate a state agency store in the community. This person must control or
expect to control a building in the community that could be used as the state
agency store location.
(c) The
number of state agency liquor stores currently operating in the community does
not exceed the limit in 16-2-109, MCA.
(d) The
nearest community with an operating state agency liquor store is more than 35
miles as measured from the nearest community boundaries along the shortest
route on a paved road between the two communities unless the new store is to be
located in a community eligible for more than one store pursuant to 16-2-109,
MCA.
(e) The
department has not solicited for an agent in the community within the previous
three years.
(f) The petition identified in (3) (a) and the letter from a potential agent in (3) (b) must be received within six months of each other.
(4) When all of the conditions in (3) are met,
the department will hold a public hearing in the community to receive comments
from interested parties concerning the department's intention to advertise for
proposals or bids for a liquor store agent.
The procedures concerning the public hearing are:
(a) The notice will contain the following:
(i) the date, time and place in the community
where the public hearing will be conducted; and
(ii) provide the name and address of the hearing
officer appointed by the department to conduct the hearing.
(b) Notice of the public hearing will be
advertised twice during a two-week period in the legal section of:
(i) the nearest daily newspaper in general
circulation for the affected area; and
(ii) in the local community newspaper, if there is one.
(c) The hearing will be conducted no less than
14 days but no more than 20 days following the last publication of the notice
in the newspapers.
(d) The hearing officer will preside over the
hearing and collect the information presented by all persons. The hearing will be directed to the
following:
(i) whether the department should proceed with
its intention to advertise for proposals or bids for a liquor store agent for
the community;
(ii) whether any limitations or restrictions on
the location and operation of the agency should be considered; and
(iii) whether any other issues directly related to
the operation of the proposed store in the community or its possible effects on
the community should be considered in the determination of whether to proceed
with its intention to advertise for proposals or bids for a liquor store agent
for the community.
(e) Within one week following the public
hearing, the hearing officer will submit a report to the department. This report will provide the following:
(i) identify all of the issues raised at the hearing;
(ii) recommend whether proceeding with the
advertisement for proposals or bids for a liquor store agent is in the best
interest of the state, and the community; and
(iii) recommend whether any limitations or restrictions on the location and operation
of the agency should be considered.
(f) One week following receipt of the hearing
officer's report, the department will decide what action will be taken in
response to the hearing officer's recommendations.
(5) Notice of the department's decision will be mailed to
all parties who signed the petition and gave a mailing address or who attended the
public hearing and gave a mailing address.
(6) If the decision is to
proceed with the advertisement for request for proposals or invitation for bids
for a liquor store agent, the process to select an agent will be conducted in
accordance with ARM 42.11.310.
(7) If no proposals or bids are
received in response to a request for proposals or invitation for bids, or none
of the proposals or bids received meet the minimum requirements specified in
the request for proposals or the invitation for bids, the department will make
no further solicitation for an agent in the community for three years. If the
conditions in (3) and (4) are met after the three-year period, the
department will begin the process again. However, if the department determines
that the petition required in (3) (a) was not generated in good faith, the
department may waive the three-year limitation.