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42.12.126    OFF-PREMISES SALE OF BEER OR TABLE WINE

(1) A retail license to sell beer or table wine in the original packages for off-premises consumption only may be issued to any person, firm, or corporation approved by the department as a fit and proper person, firm, or corporation to sell beer or table wine, and whose premises proposed for licensing is operated as a bona fide grocery store or a drugstore licensed as a pharmacy.

(2) A retail inventory of $3,000 will be used as a basis for determining whether an establishment qualifies as a "bona fide grocery store."  The retail inventory of at least $3,000 must be maintained at all times.  The retail inventory must include at least three different types of items in each of the following food groups: meats, vegetables, fruits, bakery items, dairy products, and household supplies.  For example, three different types of items in the dairy products group would be cheese, milk, and butter, but skim milk, chocolate milk, and whole milk would not be considered as three different types of items in the dairy products group.

History: Sec. 16-1-303, MCA; IMP, Sec. 16-4-105, MCA; NEW, Eff. 11/3/75; AMD, 1979 MAR p. 1249, Eff. 10/12/79; AMD, 1985 MAR p. 167, Eff. 2/15/85; AMD, 1992 MAR p. 1244, Eff. 6/12/92; AMD, 2003 MAR p. 21, Eff. 1/17/03.

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