(1) Any applicant applying to the department for a new license or transfer of location of an existing license under the quota limitations provided for under 16-4-105, 16-4-201, and 16-4-420, MCA, must submit to the department a sworn statement or affidavit from the local county or city surveyor or a private licensed land surveyor attesting to the location of the proposed premises.  

(2) If the location of the proposed premises is not within the boundaries of an incorporated city or incorporated town, the surveyor must attest to the exact distance from the nearest corporate boundary to the proposed premises as measured from official city or county plats.

(a) The distance must be measured by radial survey method from the nearest corporate city boundary to the nearest entrance of the proposed premises.

(3) The sworn statement or affidavit must be substantially in the following form or on a form provided by the department entitled Certified Survey Affidavit:

(a) Legal description and/or street address of proposed premises:

 

I (individual's name), (title) have the knowledge and the authority to attest to the location of the premises known as (trade or business name).

The location of this premises is within the incorporated boundaries of (name of city) or is (less than) five miles from the (name of city) corporate boundary or is more than five miles from any incorporated city within (name) county.

 

(b) In the case of a location outside the corporate boundary include the following:

The distance was measured by radial survey method from the nearest corporate city boundary to the nearest entrance of the proposed premises. Plat(s)/map(s) verifying the location that indicate the points between which the measurement was made and the distance can be provided upon request.

(c) In the case of a location inside the corporate boundary include the following:

The location of the premises was determined by examination of corporate plats or other official records.

(d) A signature block, title of the parties, and the document must be dated and notarized.