Montana Attorney General Opinion 17-128

Opinion No. 128. Liquor License-Montana Liquor Con- trol Board-Unincorporated Cities and Towns. HELD: Under Section 4 of Chapter 84, Laws, 1937, the license to be charged for sale of liquor in unincorporated cities, towns or villages, regardless of distance from incorporated cities or towns, is the sum of $200.00 per annum. July 30, 1937. Montana Liquor Control Board Helena, Montana Attention of Mr. J. J. Brett. Gentlemen: You have requested our opinion in reference to the license fee your board may charge in Unincorporated towns and villages, such as are situated in localities like Black Eagle, Montana. Section 4 of Chapter 84 of the 1937 Session Laws provides: "For each license in cities with a population of ten thousand (10,000) or more and within a distance of five (5) miles thereof, outside of an in- corporated city or town, six hundred dollars ($600.00) per annum. For each license in cities with a popula- tion of more than five thousand (5,000) and less than ten thousand (10,000) and within a distance of five (5) miles thereof, outside of an in- corporated city or town, four hundred fifty dollars ($450.00) per annum. For each license in cities with a population of more than two thousand (2,000) and less than five thousand (5,000), three hundred dollars ($300.00) per annum. For each license in cities, towns and unincorporated villages and towns. with a population of less than two thousand (2.000), two hun- dred dollars ($200.00) per annum. 140 OPINIONS OF THE ATTORNEY GENERAL Fraternal organizations one hundred dollars ($100.00) per annum." The statute specifically provides that in all towns and unincorporated vil- lages and towns with a population of less than two thousand (2,000), your board may charge a license fee of two hundred dollars ($200.00) per annum. We believe that the language of the statute which provides the two hundred dollar ($200.00) license fee. is .plai~ a!ld unequivocal and no ambIgUity IS 111- volved therefore the statute lends its own i~terpretation. While a village may be within four (4) miles of a city, such as Black Eagle is in relation to the City of Great Falls, or in other words, the village is within a dist.ance of five (5) miles, nevertheless, 1I1as- much as the statute establishes a two hundred ($200.00) fee, that fee shall be the fee you are entitled to charge. Therefore it is our opinion that you shaH charge' for licenses in unincorpo- rated villages and towns with a popu- lation of less than two thousand (2000), two hundred dollars ($200.00) per an- num, regardless of the d!stance they may be situated from the 1l1corporated limits of any city or town.