68th Legislature HB 97.1
1 HOUSE BILL NO. 97
2 INTRODUCED BY E. BUTTREY
3 BY REQUEST OF THE DEPARTMENT OF REVENUE
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING ALCOHOLIC BEVERAGE LAWS;
6 REMOVING GLASSWARE AND CUPS FROM PROHIBITIONS ON THE FURNISHING OF FIXTURES OR
7 ADVERTISING MATERIALS TO RETAILERS; ALLOWING LOCAL ORDINANCES TO RESTRICT THE TYPE
8 OR VARIETY OF ALCOHOLIC BEVERAGES SOLD IN A JURISDICTION; REVISING ALCOHOL LICENSES
9 PERTAINING TO GOLF COURSES; REVISING LAWS RELATED TO LIQUOR STORE AGENTS AND TABLE
10 WINE; REVISING DEFINITIONS; AMENDING SECTIONS 16-3-213, 16-3-233, 16-3-241, 16-3-302, 16-3-309,
11 16-3-316, AND 16-3-411, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
12
13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
14
15 Section 1. Section 16-3-213, MCA, is amended to read:
16 "16-3-213. Brewers or beer importers not to retail beer -- small brewery exceptions. (1) Except
17 as provided for small breweries in subsection (2), it is unlawful for any brewer or breweries or beer importer to
18 have or own any permit to sell or retail beer at any place or premises. It is the intention of this section to prohibit
19 brewers and beer importers from engaging in the retail sale of beer. This section does not prohibit breweries
20 from selling and delivering beer manufactured by them, in original packages, at either wholesale or retail.
21 (2) (a) For the purposes of this section, a "small brewery" is a brewery that has an annual
22 nationwide production of not less than 100 barrels or more than 60,000 barrels, including:
23 (i) the production of all affiliated manufacturers; and
24 (ii) beer purchased from any other beer producer to be sold by the brewery.
25 (b) A small brewery may, at one location for each brewery license and at no more than three
26 locations including affiliated manufacturers, provide samples of beer that were brewed and fermented on the
27 premises in a sample room located on the licensed premises. The samples may be provided with or without
28 charge between the hours of 10 a.m. and 8 p.m. No more than 48 ounces of malt beverage may be sold or
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1 given to each individual customer during a business day for consumption on the premises or in prepared
2 servings through curbside pickup, provided that the 48-ounce limit may not in any way limit a small brewery's
3 sales as provided in 16-3-214(1)(a)(iii). No more than 2,000 barrels may be provided annually for on-premises
4 consumption including all affiliated manufacturers.
5 (3) For the purposes of this section, "affiliated manufacturer" means a manufacturer of beer:
6 (a) that one or more members of the manufacturing entity have more than a majority share interest
7 in or that controls directly or indirectly another beer manufacturing entity;
8 (b) for which the business operations conducted between or among entities are interrelated or
9 interdependent to the extent that the net income of one entity cannot reasonably be determined without
10 reference to operations of the other entity; or
11 (c) of which the brand names, products, recipes, merchandise, trade name, trademarks, labels, or
12 logos are identical or nearly identical."
13
14 Section 2. Section 16-3-233, MCA, is amended to read:
15 "16-3-233. Sales to public by wholesaler unlawful -- exception. A Except as provided in 16-3-316,
16 a wholesaler may not give, sell, deliver, or distribute any beer purchased or acquired by the wholesaler to the
17 public."
18
19 Section 3. Section 16-3-241, MCA, is amended to read:
20 "16-3-241. Furnishing of fixtures or interior advertising matter to retailers by brewers, beer
21 importers, and wholesalers unlawful -- exceptions. (1) (a) It is unlawful for any brewer, beer importer, or
22 wholesaler to lease, furnish, give, or pay for any premises, furniture, fixtures, equipment, or any other
23 advertising matter or any other property to a retail licensee, used or to be used in the dispensation of beer in
24 and about the interior of the place of business of the licensed retailer, or to furnish, give, or pay for any repairs,
25 improvements, or painting on or within the premises.
26 (b) It is lawful for a A brewer, beer importer, or wholesaler to may furnish, give, or loan to a retail
27 licensee:
28 (i) bottle openers, can openers, trays, tap handles, menus, apparel, coasters, glassware, cups,
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1 napkins, or other functional advertising matter that does not exceed $300 in value in any 1 calendar year to any
2 one retail establishment for display use within the interior of the retail establishment;
3 (ii) not more than six illuminated or electrical signs, neon signs, lamps, or lighted clocks for each
4 brand of beer in any 1 calendar year to any one retailer for display use within the interior of the retailer's place
5 of business. These signs, displays, lamps, or lighted clocks may bear the name, brand name, trade name,
6 trademark, or other designation indicating the name of the manufacturer of beer and the place of manufacture.
7 Any beer advertised must be available for sale on the retailer's premises at the time the displays are used
8 unless the displays are the property of the retailer or, if supplied by a brewer, beer importer, or wholesaler, a
9 display has been in the retailer's possession for more than 9 months.
10 (iii) permanent or temporary advertising matter of a decorative nature, excluding items described in
11 subsection (1)(b)(ii) but including nonelectric clocks, mirrors, banners, flags, and pennants; and
12 (iv) maintenance or repair services on draft beer equipment to keep it sanitary and in good working
13 condition.
14 (2) A wholesaler may furnish portable equipment used for the temporary cooling, handling, and
15 dispensing of beer to a special permittee or a retailer for use:
16 (a) in catering an event that is off the permittee's or retailer's regular premises; or
17 (b) up to three times a year, on a retailer's regular premises, for a period not to exceed 72 hours."
18
19 Section 4. Section 16-3-302, MCA, is amended to read:
20 "16-3-302. Sale by retailer for consumption on premises. (1) It is lawful for a licensed retailer to
21 sell and serve beer, either on draught draft or in containers, to the public to be consumed on the premises of
22 the retailer.
23 (2) It is lawful for a licensee who has an all-beverages license that the licensee uses at a golf
24 course to sell alcoholic beverages and for a licensee who has a golf course beer and wine license issued under
25 16-4-109 to sell beer and wine:
26 (a) in the building or other structural premises constituting the clubhouse or primary indoor
27 recreational quarters of the golf course; and
28 (b) in an additional building or other structure, one per 18 holes of the golf course, that is designed
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1 to serve golfers during the course of play; and
2 (c) at any place within the boundaries of the golf course, from a portable satellite vehicle or other
3 movable satellite device that is moved from place to place, whether inside or outside of a building or other
4 structure.
5 (3) It is lawful to consume alcoholic beverages sold as provided in subsection (2) at any place
6 within the boundaries of the golf course, whether inside or outside of a building or other structure."
7
8 Section 5. Section 16-3-309, MCA, is amended to read:
9 "16-3-309. Sales prohibited by ordinance. (1) An incorporated city may enact an ordinance defining
10 certain areas in its incorporated limits where alcoholic beverages may or may not be sold. The ordinance may
11 limit by type or variety of alcoholic beverage.
12 (2) A county may enact an ordinance or resolution defining certain areas in the county, not within
13 the incorporated limits of a city, where alcoholic beverages may or may not be sold. The ordinance may limit by
14 type or variety of alcoholic beverage.
15 (3) In enacting such an ordinance or resolution under subsection (1) or (2), the county or city may
16 provide that the provisions of 16-3-306(1) do not apply within the jurisdictional area of the ordinance or
17 resolution. If a county or city has supplanted the provisions of 16-3-306(1), upon on request of the department
18 the governing body of the county or city must certify to the department whether or not the person or individual
19 identified in the request may lawfully sell alcoholic beverages under the terms of the ordinance or resolution.
20 The department is bound by the determination set forth in the certification.
21 (4) No county or incorporated city may by ordinance restrict the number of licenses that the
22 department may issue."
23
24 Section 6. Section 16-3-316, MCA, is amended to read:
25 "16-3-316. Fundraising events for nonprofit and tax-exempt organizations. (1) A nonprofit
26 organization governed under Title 35, chapter 2, or an organization designated as tax-exempt under the
27 provisions of section 501(c) of the Internal Revenue Code, 26 U.S.C. 501(c), as amended, may raffle or auction
28 alcoholic beverages at fundraising events. Any alcoholic beverage raffled or auctioned must be given by the
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1 organization to the raffle or auction winner sealed in its original package.
2 (2) If the fundraising event is held on the premises of a business licensed under this code or on
3 premises for which a permit has been issued under this code, the alcoholic beverage may not be consumed on
4 the premises. An alcoholic beverage that is on a licensee's premises solely for a fundraising event under this
5 section does not constitute a violation by the licensee of 16-3-301(1) or 16-6-303.
6 (3) A nonprofit or tax-exempt organization may hold no more than four events per calendar year at
7 which alcoholic beverages are raffled or auctioned. The duration of each event must be announced at the time
8 any raffle tickets are sold or auction bids are received. Raffles and auctions held pursuant to this section must
9 be to directly support bona fide charitable, nonprofit, or tax-exempt activities.
10 (4) An alcoholic beverage for raffle or auction must be:
11 (a) acquired, whether by purchase or donation, by the organization from a retailer or manufacturer
12 licensed under the provisions of this code, excluding a restaurant beer and wine licensee;
13 (b) purchased acquired, whether by purchase at not less than the posted price or donation, by the
14 organization from an agency liquor store at not less than the posted price; or
15 (c) received by the organization as a donation at no cost to the organization from any other person
16 except one licensed as a wholesaler or distributor under this code.
17 (5) No proceeds from the raffle or auction of alcoholic beverages may go to anyone who provided
18 the alcoholic beverages to the organization for the raffle or auction.
19 (6) For a raffle or auction described in subsection (1), raffle tickets may not be sold to, and auction
20 bids may not be solicited or received from, any person under 21 years of age. The organization raffling or
21 auctioning alcoholic beverages may not sell, deliver, or give away any alcoholic beverage to a person under 21
22 years of age or to any person actually, apparently, or obviously intoxicated.
23 (7) As used in this section:
24 (a) "auction" means the sale of an item or items, which may include alcoholic beverages, whereby
25 the item for sale is sold to the highest bidder at the bid price. An auctioned item or items may have a reserve
26 price.
27 (b) "raffle" means an event in which a nonprofit or tax-exempt organization sells tickets and each
28 ticket gives the purchaser of the ticket the chance to win a prize, which may include alcoholic beverages, with
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1 the winner determined by a random drawing."
2
3 Section 7. Section 16-3-411, MCA, is amended to read:
4 "16-3-411. Winery. (1) A winery located in Montana and licensed pursuant to 16-4-107 may:
5 (a) import in bulk, bottle, produce, blend, store, transport, or export wine it produces;
6 (b) sell table wine it produces at wholesale to table wine distributors or liquor store agents;
7 (c) sell wine it produces at retail at the winery directly to the consumer for consumption on or off
8 the premises;
9 (d) provide, without charge, wine it produces for consumption at the winery;
10 (e) purchase from the department or its licensees brandy or other distilled spirits for fortifying wine
11 it produces;
12 (f) obtain a special event permit under 16-4-301;
13 (g) perform those operations and cellar treatments that are permitted for bonded winery premises
14 under applicable regulations of the United States department of the treasury;
15 (h) sell wine at the winery to a licensed retailer who presents the retailer's license or a photocopy
16 of the license;
17 (i) obtain a direct shipment endorsement to ship table wine as provided in Title 16, chapter 4, part
18 11, directly to an individual in Montana who is at least 21 years of age; or
19 (j) offer wine in its original packaging, prepared servings, or growlers for curbside pickup between
20 8 a.m. and 2 a.m.
21 (2) (a) A winery licensed pursuant to 16-4-107 may sell and deliver wine produced by the winery
22 directly to licensed retailers or liquor store agents if the winery:
23 (i) uses the winery's own equipment, trucks, and employees to deliver the wine and the wine
24 delivered pursuant to this subsection (2)(a)(i) does not exceed 4,500 9-liter cases a year;
25 (ii) contracts with a licensed table wine distributor to ship and deliver the winery's wine to the
26 retailer or liquor store agent; or
27 (iii) contracts with a common carrier to ship and deliver the winery's wine to the retailer or liquor
28 store agent and:
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1 (A) the wine shipped and delivered by common carrier is shipped directly from the producer's
2 winery or bonded warehouse;
3 (B) individual shipments delivered by common carrier are limited to three cases a day for each
4 licensed retailer or liquor store agent; and
5 (C) the shipments delivered by common carrier do not exceed 4,500 9-liter cases a year.
6 (b) If a winery uses a common carrier for delivery of the wine to licensed table wine distributors,
7 and retailers, and liquor store agents, the shipment must be:
8 (i) in boxes that are marked with the words: "Wine Shipment From Montana-Licensed Winery to
9 Montana Licensee";
10 (ii) delivered to the premises of a licensed table wine distributor, or licensed retailer who is in good
11 standing, or liquor store agent; and
12 (iii) signed for by the wine distributor, or retailer, or liquor store agent, or by its employee or agent.
13 (c) In addition to any records required to be maintained under 16-4-107, a winery that distributes
14 wine within the state under this subsection (2) shall maintain records of all sales and shipments. The winery
15 shall, pursuant to 16-1-411, electronically file a report in the manner and form prescribed by the department,
16 reporting the amount of wine or hard cider, or both, that it shipped in the state during the preceding period,
17 including the names and addresses of consignees, or retailers, or liquor store agents, and other information that
18 th