Montana Administrative Register Notice 42-2-804 No. 24   12/24/2008    
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In the matter of the amendment of ARM 42.13.601 relating to small brewery closing time restrictions






TO:  All Concerned Persons


1.  On January 14, 2009, at 1:00 p.m., a public hearing will be held in the 4 East Conference Room on the Fourth Floor of the Sam W. Mitchell Building, at Helena, Montana, to consider the amendment of the above-stated rule.

Individuals planning to attend the hearing shall enter the building through the east doors of the Sam W. Mitchell Building, 125 North Roberts, Helena, Montana.


2.  The Department of Revenue will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice.  If you require an accommodation, contact the Department of Revenue no later than 5:00 p.m., January 5, 2009, to advise us of the nature of the accommodation that you need.  Please contact Cleo Anderson, Department of Revenue, Director's Office, P.O. Box 7701, Helena, Montana 59604-7701; telephone (406) 444-5828; fax (406) 444-3696; or e-mail canderson@mt.gov.


3.  The rule proposed to be amended provides as follows, stricken matter interlined, new matter underlined:


42.13.601  SMALL BREWERY RESTRICTIONS  (1) through (3) remain the same.

(4)  Product samples for on-premises consumption may not be sold, offered for sale, or given away before 10 a.m. or after 8 p.m.

(5)  On-premises consumption and possession shall not be permitted before 10 a.m. or after 10 p.m.  The brewery shall be responsible for removing all product samples from patrons' possession in order to comply with this provision.

(6)  A small brewery may sell growlers.  A growler is any refillable, resealable container that a brewer fills on the brewery premises for off-premises consumption.


            AUTH:  16-1-303, MCA

            IMP:  16-3-213, 16-3-214, MCA


REASONABLE NECESSITY:  On October 30, 2008, the department conducted a negotiated rulemaking meeting with brewery owners and law enforcement officers to discuss a reasonable time for the concluding consumption of samples in the breweries in Montana.  The proposed amendments shown above in ARM 42.13.601 are a result of that meeting.

            The proposed amendments are necessary to provide a specific time period that all consumption must have occurred so that local law enforcement and state investigators will be able to appropriately determine if there has been a violation of the law and rules.  An end to consumption time is necessary for enforcement efficiency and certainty and to ensure that all sales for on-premises consumption occur within the stated hours.  Accordingly, the health, safety, and welfare of Montana citizens are protected by providing regulatory certainty with respect to sales and consumption.

            New section (6) is necessary to clarify that breweries may sell growlers and patrons may only consume a growler off-premise.  The rule is necessary to confirm that the licensed activity of selling brewery samples in a customer provided container is permissible, but that container must be sealable and not consumed on the premises.  The restriction of consumption on premises is necessary to ensure that the on-premises consumption limits are enforceable.  Accordingly, the health, safety, and welfare of the citizens of Montana are protected by providing regulatory certainty with respect to containers.


4.  Concerned persons may submit their data, views, or arguments, either orally or in writing, at the hearing.  Written data, views, or arguments may also be submitted to: Cleo Anderson, Department of Revenue, Director's Office, P.O. Box 7701, Helena, Montana 59604-7701; telephone (406) 444-5828; fax (406) 444-3696; or e-mail canderson@mt.gov and must be received no later than January 23, 2009.


5.  Cleo Anderson, Department of Revenue, Director's Office, has been designated to preside over and conduct the hearing.


6.  An electronic copy of this Notice of Public Hearing is available through the department's site on the World Wide Web at www.mt.gov/revenue, under "for your reference"; "DOR administrative rules"; and "upcoming events and proposed rule changes."  The department strives to make the electronic copy of this Notice of Public Hearing conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered.  In addition, although the department strives to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.


7.  The Department of Revenue maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request, which includes the name and e-mail or mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding particular subject matter or matters.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to the person in 4 above or faxed to the office at (406) 444-3696, or may be made by completing a request form at any rules hearing held by the Department of Revenue.


8.  The bill sponsor notice requirements of 2-4-302, MCA, do not apply.  The department checked the Legislative Registry of the Secretary of State and did not find the bill sponsor's name on the list requesting notification of rule actions after leaving office.




/s/ Cleo Anderson                             /s/ Dan R. Bucks

CLEO ANDERSON                          DAN R. BUCKS

Rule Reviewer                                   Director of Revenue


Certified to Secretary of State December 15, 2008


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