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(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.

(2) A manufacturer's premises may include more than one building for manufacturing purposes. To seek approval, the licensee shall submit a form provided by the department and include verification that the Alcohol and Tobacco Tax and Trade Bureau approved the licensee's registration to operate the building under the manufacturer's existing federal permit or notice.

(3) A manufacturer is only permitted to have one sample room per license. Adding another building for manufacturing purposes under the same license does not permit an additional sample room.

History: 16-1-303, MCA; IMP, 16-3-213, 16-3-214, 16-3-411, 16-4-102, 16-4-311, 16-4-312, 16-4-402, MCA; NEW, 2012 MAR p. 1846, Eff. 9/21/12; AMD, 2014 MAR p. 2980, Eff. 12/12/14.

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