68th Legislature HB 96.1
1 HOUSE BILL NO. 96
2 INTRODUCED BY E. BUTTREY
3 BY REQUEST OF THE DEPARTMENT OF REVENUE
5 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING ALCOHOLIC BEVERAGES LAWS RELATING TO THE
6 EXAMINATION OF LICENSED PREMISES; INCLUDING ADDITIONAL LICENSEES IN THE EXAMINATION
7 PROCESS; AMENDING SECTION 16-6-103, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
11 Section 1. Section 16-6-103, MCA, is amended to read:
12 "16-6-103. Examination of retailer's licensee's or agency liquor store premises and carriers'
13 cars and aircraft -- access control systems permitted -- rulemaking. (1) The department, department of
14 justice, or its representative or a peace officer may at any time examine the premises of a retail licensee or
15 agency liquor store to determine whether the law laws of Montana and the rules of the department or the
16 department of justice are being complied with and also may inspect cars or aircraft of any common carrier
17 system licensed under this code.
18 (2) (a) Nothing in subsection (1) prohibits a retail licensee who also is licensed under Title 23 from
19 implementing an access control system that meets the requirements of this section.
20 (b) A retail licensee implementing an access control system shall notify the department and local
21 law enforcement prior to the date the licensee begins using an access control system. A licensee shall also
22 notify the department and local law enforcement when the licensee ceases to use the access control system.
23 (3) The department may adopt rules to implement this section.
24 (4) For the purposes of this section, the following definitions apply:
25 (a) "Access control system" means any system that temporarily restricts access to the licensed
26 premises during business hours by locking the main entrance and requiring a person to gain access by
27 approval of the licensee or employees of the licensee. An access control system must provide immediate
28 access to the department or its representative or a local peace officer.
-1- Authorized Print Version – HB 96
68th Legislature HB 96.1
1 (b) "Immediate access" means that the department or its representative or a local peace officer
2 who is identified as such is not unreasonably denied access to the premises."
4 NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.
5 - END -
-2- Authorized Print Version – HB 96Statutes affected: