Montana Attorney General Opinion 15-399

Opinion No. 399 Beer Vendors--Soft Drink Establish- ment-Licenses-Board of Health HELD: Beer vendors, selling beer by the glass, are engaged in maintain- in~ a soft drink establishment and are subject to the provisions of R. C. M. 25SB requiring a license therefor, and are subject to regulntion by the Stnte Boa rd of Health. NO\'ember 27, 1933 You inquire :IS to whether or not persons selling heel' by the glass are reouired to secure the license pl'Ol'ided fOl: by Section 25sn, Re\'ised Codes of :\lontana, 1921. 'l'his statute makes it unlawful for nny person to conduct a soft drink establishment without a license issued jll" the State Board of Health of the S'tate of Montana. As the sale of beer of less than 3.2 per cent alcoholic con- tent has been declnred to he the sale (,f a non-intoxicating beverage it would appear that establishments selling slime by the glass are engaged in main- taining a soft drink estnblishment and a ru subject to the prol'isions of this statute, and nre also suhject to the provisions of the statute concerning regulation by the State Board of H('alth.