42.12.313 PUBLIC WINE OR BEER TASTINGS
(1) Beer or wine tastings must be conducted by an on-premises consumption retail licensee, special permittee, or an on-premises consumption retail licensee with catering endorsement.
(2) In no case can a table wine distributor, a beer wholesaler, a winery/wine importer or a brewer/beer importer sponsor a wine or beer tasting other than at:
(a) a licensed retail premises that permits on-premises consumption except for a domestic winery as allowed under 16-3-411, MCA;
(b) a domestic winery as allowed under 16-3-411, MCA;
(c) a brewery as allowed under 16-3-213, MCA;
(d) a special event with a special permit; or
(e) a catered premise from an on-premises consumption retail licensee with a catering endorsement.
(3) A wine distributor, a beer wholesaler, a wine importer, or a beer importer sponsoring a tasting:
(a) must purchase the products to be used for the tasting from the on-premises consumption retail licensee, special permittee, or an on-premises consumption retail licensee with catering endorsement at the ordinary retail price; and
(b) can participate only by providing advice or information about the products.
(4) A winery or brewer sponsoring a tasting is required to comply with (3). In addition, the winery or brewer can participate in serving the product.
(5) An off-premises retail licensee may only participate in a wine tasting conducted by an on-premises consumption retail licensee by providing advice or information about the products. The off-premises consumption licensee may take orders for products to be picked up and paid for at the off-premises consumption licensee's premises.
(6) All beer and wine provided to the public at a tasting conducted by an on-premises consumption licensee must be purchased by the on-premises consumption retail licensee from a licensed table wine distributor, beer wholesaler, brewery, or winery. Beer and wine must be served by the on-premises consumption licensee with the exception of beer and wine manufacturers. Beer or wine may not be provided by another retail licensee.
(7) This rule shall not apply to beer or wine tastings which are held in a private home wherein no consideration, remuneration, contribution, donation, gift, or any other money or thing of value is solicited or charged for entry or attendance and which do not violate the provisions of 16-6-306, MCA. In addition, the rule does not apply to industry sampling where alcoholic beverage product samples are provided by the manufacturer or distributor of the products to a licensed distributor or retailer solely for the purpose of soliciting sales of the product to such distributors or retailer.
History: 16-1-303, MCA; IMP, 16-3-213, 16-3-411, 16-4-105, 16-6-306, MCA; NEW, Eff. 11/3/75; AMD, 1993 MAR p. 158, Eff. 1/29/93; AMD, 2010 MAR p. 2227, Eff. 9/24/10.