The following terms will be used in this chapter.

(1) The following terms apply to all lottery processes:

(a) "Available license" means a newly created license which can be issued by the department or an existing license that can be transferred between quota areas because of:

(i) a population increase verified by the most recent census population figures; or

(ii) a lapse or revocation of an existing license.

(b) "Conditional approval letter" is defined in ARM 42.12.106.

(c) "Continuously open to the public" means open during designated business hours on a weekly basis with no interruption in those business hours. Documented exceptions not causing unreasonable closure that would be considered are:

(i) acts of nature, such as a flood, earthquake, tornado, or blizzard;

(ii) other acts beyond the owner's control; or

(iii) a remodeling project of no greater than a one-month duration.

(d) "Existing beer/wine/all-beverages license" means either an on-premises or off-premises consumption retail license that is either currently being used at the location in question, or has been approved for nonuse status, or is a license for which a sale has occurred or is pending but not approved by the department.

(e) "Irrevocable letter of credit" means a letter of credit in which the issuing bank guarantees that it will not withdraw the credit or cancel the letter. A letter of credit may not be modified or revoked without the customer's consent.

(f) "Lottery" means an objective mechanical process to randomly select persons eligible to submit applications for available licenses.

(g) "Lottery application" means a brief application for an available license stating the applicant's name, mailing address, type of license, and quota area.

(h) "Person" means any individual, firm, partnership, limited liability company, corporation, or association.

(2) The following terms specifically apply to restaurant beer and wine licenses:

(a) "Evening dinner meal" means individually priced meals served at least four days a week for at least two hours a day between the hours of 5 p.m. and 11 p.m.

(b) "Preference" means a priority provided to a restaurant beer and wine lottery applicant based upon eligibility.

(c) "Restaurant beer and wine license" means a license which must be used in conjunction with a restaurant where beer and wine can only be served to patrons who order food or who are waiting to be seated.

(d) "Seasonal restaurant" means one that is only open during one, two, or three seasons of any year. Seasonal restaurants can be open any part of a season or the full season, as long as the restaurant is not open year-round.

(e) "Service bar" means an area where alcoholic beverages are stored and prepared for table service delivery to patrons for on-premises consumption. Consumption of alcoholic beverages by patrons or any other person is not permitted at the service bar.