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42.13.111    DEFINITIONS

The following definitions apply to this subchapter:

(1) "Alcohol beverage service training" means any server training program conducted by the department or the department designee, or a qualified server training program that has been preapproved in writing by the department.

(2) "Building" means an enclosed structure with external walls and a roof. A series of structures linked together, such as a commercial mall, structures contained on a city block or structures connected by skyways, are not considered one building for licensing purposes.

(3) "Coupons" are certificates or tickets entitling the holder to a specified right, as redemption for cash or gifts or reduced purchase price.

(4) "Industry member" is any person engaged in business as a manufacturer, importer, or wholesaler of distilled spirits, wine, or malt beverages.

(5) "Mitigating circumstances" means a justification or excuse for a violation of the code, but which, in fairness, may be considered as extenuating enough to reduce the penalty imposed for the purpose of ARM 42.13.101.

(6) "Patio/Deck" means a specific area designated on a floor plan which shall be completely enclosed by at least a 3-foot fence or wall, immediately adjacent to and accessible from inside the licensed premises.

(7) "Portable satellite vehicle" or "other movable satellite device" as used in 16-3-302, MCA, may include:

(a) self-propelled wheeled vehicles such as golf carts, concession vans or similar conveyances containing beverage dispensing and storage equipment; or

(b) wheeled devices such as concession wagons or vendors carts and other similar vehicles which may be towed, pushed or transported to a temporary site and which contains beverage dispensing and storage equipment; and

(c) fixed booths or stands in which portable beverage dispensing and storage equipment may be temporarily installed and removed after use.

(8) "Posted price" as it applies to liquor and fortified wine, means the wholesale price of liquor and fortified wine for sale to persons who hold liquor licenses as fixed and determined by the department.

(9) "Premises" means one building or a specific portion or portions of one building as described on the floor plan, identified by a unique address and approved by the department. The premises shall contain all service areas used by the licensee and the licensee's patrons and those service areas in which the licensee operates outside of and attached to the licensed building and to which patrons are permitted free access from the building.

(10) "Primary packaging" means the container that directly holds the alcoholic beverage. Examples of primary packaging include, but are not limited to, aluminum cans, glass bottles, kegs, and a box containing a plastic bladder or other soft flexible container of wine.

(11) "Proof of training" means a printed copy of a training certificate, wallet card, or online verification of completion of training received from the training provider.

(12) "Sale to an underage person" means a violation consisting of the unlawful sale, service, or delivery of an alcoholic beverage to a person under the age of 21.

(13) "Service area" means the area in which the preparation, sale, service or consumption of alcoholic beverages occurs, except as provided in 16-3-105, MCA.

(14) "Training providers" means a company or organization that has a responsible alcohol sales and service training program.


History: 16-1-303, 16-1-424, 16-9-1009, MCA; IMP, 16-1-424, 16-3-302, 16-3-311, 16-4-312, 16-4-404, 16-4-406, 16-4-1001, 16-4-1002, 16-4-1003, 16-4-1004, 16-4-1005, 16-4-1006, 16-4-1007, 16-4-1008, 16-6-104, MCA; NEW, 2001 MAR p. 449, Eff. 3/23/01; AMD, 2004 MAR p. 1972, Eff. 8/20/04; AMD, 2007 MAR p. 512, Eff. 4/13/07; AMD, 2010 MAR p. 757, Eff. 3/26/10; AMD, 2012 MAR p. 122, Eff. 1/13/12; AMD, 2012 MAR p. 1150, Eff. 6/8/12; AMD, 2012 MAR p. 2646, Eff. 12/21/12.

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