42.12.146 RESTAURANT BEER AND WINE LICENSE - PREMISES SUITABILITY REQUIREMENTS
(1) The department shall determine the suitability of the premises where a restaurant beer and wine retailer proposes to operate a license when a party applies to obtain a license, transfer ownership interest in an existing license requiring the vetting of a new party pursuant to 16-4-401, MCA, change the location where a license will be operated, or make alterations to a premises with a floor plan that the department approved.
(2) The premises of a restaurant beer and wine retailer may be considered suitable only if:
(a) the applicant or licensee has possessory interest in the premises;
(b) the applicant or licensee has adequate control over the premises;
(c) a single alcoholic beverage license of any kind will be operated at the premises;
(d) the premises are identified by a unique address;
(e) the premises are located in one building or a specific portion of one building, except that a patio/deck may extend the premises beyond the interior portion of the building. The interior portion of the premises must be a continuous area that is not broken by any area in which the applicant or licensee does not have adequate control, such as another business or a common area shared with other building tenants. Subject to the exception in 16-3-311(2), MCA, if the premises are located in a portion of a building, the premises must be separated by permanent floor-to-ceiling walls from any other business, including any other business operated by the licensee. The only access from the premises to another business may be through a single lockable door, no more than six feet wide, in the permanent floor-to-ceiling wall. Additional lockable doors in the permanent floor-to-ceiling wall may be allowed only upon department approval;
(f) building, health, and fire code approval is obtained;
(g) the premises are located on regular police beats and can be properly policed by local authorities, which includes the premises being located on property to which law enforcement has unrestricted access;
(h) the premises are not located where a local government ordinance prohibits the sale of alcoholic beverages;
(i) the type of business is readily determinable due to indoor and outdoor signage and the premises' general layout and atmosphere;
(j) alcoholic beverages are advertised and displayed as being available for purchase;
(k) there are no signs, posters, or advertisements displayed on the exterior portion of the premises that identify any brewer, beer importer, or wholesaler in any manner. This prohibition extends to buildings adjacent to the premises only if the retailer has possessory interest in the building. This prohibition does not apply to temporary advertisements allowed under 16-3-244, MCA;
(l) the floor plan accurately states the dimensions of the premises, includes the entity name, alcoholic beverage license number, physical address, and date and identifies any service area, service bar, dining room, kitchen, storage area, patio/deck, perimeter barrier, and permanent floor-to-ceiling wall required between the premises and another business;
(m) there is seating for patrons totaling not more than the seating capacity for which the premises are licensed;
(n) there is an interior service bar. The premises may have more than one service bar, including service bars on the patio/deck, subject to department approval;
(o) there is interior access to any interior portion of the premises;
(p) all storage areas are located in the interior portion of the premises;
(q) the physical layout and equipment utilized provide sufficient physical safeguards to prevent the self-service of alcoholic beverages at any service bar;
(r) self-service devices and vending machines are not used to serve alcoholic beverages; and
(s) the sale of alcoholic beverages will not occur through a drive-up window.
(3) The premises may have a patio/deck. A patio/deck may be considered suitable only if:
(a) building, health, and fire code approval is obtained;
(b) subject to the exception in (c), the patio/deck is contiguous with and immediately accessible from the interior premises;
(c) any path connecting the interior premises and the patio/deck is under the possessory interest of the licensee, is clearly marked, and the department determines that sufficient physical safeguards are in place to ensure proper service and consumption of alcoholic beverages; and
(d) a perimeter barrier clearly marks where the service and consumption of alcoholic beverages are allowed.
(4) The premises must meet and maintain compliance with all suitability standards in place at the time the premises are inspected. The department may, at any time, verify that the premises remain in compliance with all suitability standards in place at the time the suitability of the premises was last determined. Upon determining that the premises do not meet all applicable suitability standards, the department may deny an application or take administrative action against a licensee, including license revocation.
(5) The privileges granted under a license extend only to the premises depicted in the floor plan approved by the department. The licensee shall follow the process in ARM 42.13.106 for a premises alteration.
History: 16-1-303, MCA; IMP, 16-3-244, 16-3-309, 16-3-311, 16-4-402, 16-4-405, 16-4-421, MCA; NEW, 2017 MAR p. 493, Eff. 4/29/17.