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42.12.401    DEFINITIONS

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" as it refers to a restaurant beer and wine license, means a public eating place:

(i) where individually priced meals are prepared and served for on-premises consumption;

(ii) where at least 65 percent of the restaurant's annual gross income from the operation is from the sale of food (including nonalcoholic beverages) and not from the sale of alcoholic beverages;

(iii) that has a dining room, a kitchen, and the number and kinds of employees necessary for the preparation, cooking, and serving of meals in order to satisfy the department that the space is intended for use as a full-service restaurant;

(iv) that serves an evening dinner meal at least four days a week for at least two hours a day between the hours of 5 p.m. and 11 p.m. This provision does not apply to a restaurant for which a restaurant beer and wine license is in effect as of April 9, 2009, or to subsequent renewals of that license;

(v) that offers individual sales of beer and wine by the drink;

(vi) that serves beer and wine only to a patron who orders food;

(vii) where beer and wine purchases will be stated on the food bill;

(viii) that has a service bar as defined in ARM 42.12.401, at which the consumption of alcoholic beverages by patrons or any other person is not permitted;

(ix) that provides table service of alcoholic beverages from the service bar; and

(x) that has sufficient seating to accommodate the number of patrons indicated by the restaurant beer and wine licensing fees indicated in 16-4-420, MCA.

(d) "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.

(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. The table service area, including the eating counter, must be noticeably separated from, and not attached or connected to, the service bar.

(f) "Table service" means service of alcoholic beverages to a table, booth, or eating counter by a licensee or licensee's employees.


History: 16-1-303, MCA; IMP, 16-4-105, 16-4-201, 16-4-204, 16-4-420, 16-4-502, MCA; NEW, 1997 MAR p. 2097, Eff. 11/18/97; AMD, 1998 MAR p. 3132, Eff. 11/20/98; AMD, 2000 MAR p. 2708, Eff. 7/14/00; AMD, 2001 MAR p. 449, Eff. 3/23/01; AMD, 2003 MAR p. 21, Eff. 1/17/03; AMD, 2010 MAR p. 2225, Eff. 9/24/10; AMD, 2012 MAR p. 1846, Eff. 9/21/12.

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