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42.12.139    CONDITIONS AND QUALIFICATIONS SPECIFIC FOR A MANUFACTURER OF BEER, WINE, OR DISTILLED SPIRITS LICENSE

(1) In addition to the provisions stated in ARM 42.12.122, which pertain to every type of alcoholic beverage license, with regard to a license for the manufacture of beer, wine, or distilled spirits, a party applying for either a new license, transfer of ownership or location of an existing license, or approval of an alteration to a premises, upon approval of its license by the department:

(a) must operate at a premises recognizable as a manufacturing facility of beer, wine, or distilled spirits;

(b) must be physically separated from any other business, not directly related to a manufacturing facility located in the same building;

(c) must not allow alcoholic beverages to be provided to the customer through automatic dispensing or vending machines or self-service devices, and the licensee or employees must have direct involvement in the service of alcohol for on- or off-premises consumption; and

(d) when provided for in law, may serve sample products manufactured on the licensed premises in one sample room. The sample room:

(i) must be located on the licensed premises;

(ii) must restrict access by unauthorized persons to the manufacturing areas;

(iii) must have licensee's or employee's direct involvement in the service of alcohol for on- and off-premises consumption. No alcoholic beverages can be provided to the customer through self-service vending machines, self-service reach-in coolers, self-service open shelving, or self-service devices (except for off-premises consumption), as provided in (iv); and

(iv) may allow the licensee to sell alcoholic beverages for off-premises consumption, and the premises may include self-service open shelving or reach-in coolers for off-premises sales, only if the off-premises sales area is contiguous with the on-premises sales area, but is physically separated with walls.

History: 16-1-303, MCA; IMP, 16-3-213, 16-3-214, 16-3-411, 16-4-102, 16-4-107, 16-4-311, 16-4-312, 16-4-402, MCA; NEW, 2012 MAR p. 1846, Eff. 9/21/12.

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