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42.13.601    SMALL BREWERY RESTRICTIONS

(1) Product samples may only be provided in the sample room as shown on the floor plan which has been submitted and approved by the department.

(2) A small brewery is not a retail beer licensee as defined in 16-4-105, MCA.

(3) A sample room may include a deck or patio, as long as the deck or patio is immediately adjacent to the brewery sample room and can only be accessed from the sample room. The deck or patio must be enclosed in such a manner as to restrict its access and view from the general public on the street or sidewalk.

(4) Product samples for on-premises consumption may not be sold, offered for sale, or given away before 10 a.m. or after 8 p.m.

(5) On-premises consumption and possession shall not be permitted before 10 a.m. or after 9 p.m. The brewery shall be responsible for removing all product samples from patrons' possession in order to comply with this provision.

(6) A small brewery may sell growlers. A growler is any refillable, resealable container that a brewer fills on the brewery premises for off-premises consumption.

History: 16-1-303, MCA; IMP, 16-3-213, 16-3-214, MCA; NEW, 2001 MAR p. 449, Eff. 3/23/01; AMD, 2002 MAR p. 2337, Eff. 8/30/02; AMD, 2008 MAR p. 2183, Eff. 10/10/08; AMD, 2009 MAR p. 1021, Eff. 6/26/09.

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