42.13.601 BREWERY - CONDITIONS FOR OPERATING
(1) In addition to all other alcoholic beverage licensing requirements, a brewery shall:
(a) not possess any interest in real or personal property owned, occupied, or used by an alcoholic beverage retailer in the conduct of the retailer's business;
(b) store alcoholic beverages only on the premises;
(c) store on the premises only the alcoholic beverages for which the premises are licensed or those authorized under an approved alternating proprietor arrangement;
(d) sell and deliver its product for off-premises sales only in original packaging;
(e) prevent the self-service of alcoholic beverages on the premises;
(f) prevent the consumption or possession of alcoholic beverages on the premises by persons who are under 21 years of age or actually, apparently, or obviously intoxicated;
(g) prevent the on-premises consumption of alcoholic beverages not sold or provided at the premises and those sold in original packaging for off-premises consumption;
(h) prevent the consumption of alcoholic beverages in the manufacturing area or storage area except as authorized by federal laws;
(i) maintain records documenting its business operations including, but not limited to, the sale, production, storage, and processing of alcoholic beverages on the premises; and
(j) electronically file all required alcoholic beverage tax returns and pay any taxes owed as provided in law.
(2) A license to operate a brewery is not a retail license.
(3) A brewery may sell alcoholic beverages on its premises to a consumer for off-premises consumption only as follows:
(a) the sale may not be conducted through a drive-up window;
(b) all alcoholic beverages must be in original packaging;
(c) alcoholic beverages may only be sold in an approved sample room; and
(d) the sale of alcoholic beverages is prohibited between 2 a.m. and 8 a.m.
(4) In addition to all other requirements, a small brewery with an annual nationwide production of not less than 100 barrels or more than 60,000 barrels that operates a sample room shall:
(a) refrain from providing alcoholic beverages on the premises until the department approves a sample room;
(b) provide with or without charge no more than 48 ounces of alcoholic beverages to any individual for on-premises consumption during a business day;
(c) provide not more than 2,000 barrels of beer annually for consumption on the premises, including the premises of any affiliated manufacturers as defined in 16-3-213, MCA;
(d) prevent the sale of alcoholic beverages for on-premises consumption between 8 p.m. and 10 a.m.; and
(e) prevent the consumption or possession of alcoholic beverages on the premises between 9 p.m. and 10 a.m. by removing all alcoholic beverages other than those purchased in original packaging for off-premises consumption from individuals' possession by 9 p.m.
History: 16-1-303, MCA; IMP, 16-3-211, 16-3-213, 16-3-214, 16-3-242, 16-3-301, 16-3-304, 16-3-305, MCA; NEW, 2001 MAR p. 449, Eff. 3/23/01; AMD, 2002 MAR p. 2337, Eff. 8/30/02; AMD, 2008 MAR p. 2183, Eff. 10/10/08; AMD, 2009 MAR p. 1021, Eff. 6/26/09; AMD, 2017 MAR p. 493, Eff. 4/29/17; AMD, 2017 MAR p. 2085, Eff. 11/10/17.