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This is an obsolete version of the rule. Please click on the rule number to view the current version.

42.12.412    WHEN LOTTERY WILL BE HELD

(1) When the number of lottery applications exceed the number of new licenses available within a quota area, a public lottery will be held by the department within 30 days from the publication deadline.

(2) Applicants will be notified of the date, time, and place of the lottery.

(3) The lottery process will be verified by a third party, not employed or associated with the department, as well as by the public who may attend the lottery drawings.

(4) Applicants do not need to be present to be chosen in the lottery.  Those applicants selected to apply for an available license will be notified by mail.

(5) In the case of a restaurant beer/wine application, if the number of larger restaurants with seating of 101 or more exceeds the 25% maximum limit for this size restaurant a lottery will be held in order to determine which applicant will be afforded the opportunity to apply for the license.  Each applicant must still meet minimum qualifications for applicants of the restaurant beer/wine license.

History: Sec. 16-1-303, MCA; IMP, Sec. 16-4-420, MCA; NEW, 1997 MAR p. 2097, Eff. 11/18/97; AMD, 1998 MAR p. 3132, Eff. 11/20/98; AMD, 2003 MAR p. 21, Eff. 1/17/03.

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