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42.12.143    RESTRICTION ON INTEREST IN OTHER LICENSES

(1) For purposes of this rule, any ownership interest in a business that operates a license issued under the Montana Alcoholic Beverage Code is considered to be an ownership interest in the license itself. Except as provided in 16-4-205, MCA, any person holding an ownership interest in an all-beverages license issued pursuant to 16-4-401, MCA, or, with the exception of (a), any member of their immediate family, as defined in ARM 42.2.304, is not qualified to own an interest in or have any affiliation with:

(a) another all-beverages license in Montana;

(b) a Montana beer wholesaler license;

(c) a Montana table wine distributor license;

(d) an alcoholic beverage manufacturer;

(e) an importer of alcoholic beverages; or

(f) a state agency liquor store.

(2) Any person holding ownership interest in a Montana retail alcoholic beverages license is not qualified to own an interest in:

(a) a Montana beer wholesaler license;

(b) a Montana table wine distributor license;

(c) an alcoholic beverage manufacturer;

(d) an importer of alcoholic beverages; or

(e) a state agency liquor store.

(3) Any person holding an ownership interest in a beer wholesaler license issued pursuant to 16-4-401, MCA, or, with the exception of (a), any member of their immediate family, is not qualified to own an interest in or have any affiliation with:

(a) another Montana beer wholesaler license;

(b) an alcoholic beverage manufacturer;

(c) an importer of alcoholic beverages;

(d) a Montana retail alcoholic beverages license; or

(e) a state agency liquor store.

(4) Any person holding an ownership interest in a table wine distributor's license issued pursuant to 16-4-401, MCA, or, with the exception of (a), any member of their family, is not qualified to own an interest in or have any affiliation with:

(a) another Montana table wine distributor's license;

(b) an alcoholic beverage manufacturer;

(c) an importer of alcoholic beverages;

(d) a Montana retail alcoholic beverages license; or

(e) a state agency liquor store.

(5) Any person holding an ownership interest in a Montana alcoholic beverage manufacturer pursuant to 16-4-401, MCA, or any member of their immediate family, is not qualified to own an interest in or have any affiliation with:

(a) a Montana retail alcoholic beverage license;

(b) a Montana beer wholesaler license;

(c) a Montana table wine distributor license; or

(d) a state agency liquor store.

(6) Any person holding an interest in an agency liquor store, or any member of the agent's immediate family, is not qualified to own an interest in or have any affiliation with:

(a) a Montana retail alcoholic beverages license;

(b) a Montana beer wholesaler license;

(c) a Montana table wine distributer license;

(d) an alcoholic beverage manufacturer; or

(e) an importer of alcoholic beverages.

 

History: 16-1-303, MCA; IMP, 16-4-205, 16-4-401, MCA; NEW, Eff. 11/3/75; AMD, 1985 MAR p. 167, Eff. 2/15/85; AMD, 1985 MAR p. 1632, Eff. 11/1/85; AMD, 2012 MAR p. 1846, Eff. 9/21/12.

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