ARM 42.12.143

ARM 42.12.143. RESTRICTION ON INTEREST IN OTHER LICENSES

Last amended: 2024Length: 633 wordsOfficial source

Cite as Mont. Admin. R. 42.12.143

(1) For purposes of this rule, any ownership interest in a business that operates a license issued under the Montana Alcoholic Beverage Code is considered to be an ownership interest in the license itself. (2) A Montana all-beverages licensee may not: (a) possess a financial or ownership interest in: (i) a Montana agency liquor store; (ii) possess an ownership interest in more than the limit for Montana all-beverages licenses established in 16-4-205, MCA; or (iii) more than half the total number of Montana all-beverages licenses in any quota area described in 16-4-201, MCA; (b) through a business or family relationship, share in the profits or liabilities in more than half the total number of Montana all-beverages licenses in the specific quota area in which the licenses will be held; or (c) individually or through the person's immediate family, receive financing from or have any affiliation to: (i) an alcoholic beverage manufacturer or importer of alcoholic beverages, except as provided in 16-4-401(8)(e) and (9), MCA; or (ii) a distributor of alcoholic beverages, including a Montana combined beer wholesaler and table wine distributor and a Montana agency liquor store. (3) All other Montana retail on-premises consumption alcoholic beverages licensees may not: (a) possess a financial or ownership interest in a Montana agency liquor store; or (b) individually or through the person's immediate family, receive financing from or have any affiliation to: (i) an alcoholic beverage manufacturer or importer of alcoholic beverages, except as provided in 16-4-401(8)(e) and (9), MCA; or (ii) a distributor of alcoholic beverages, including a Montana combined beer wholesaler and table wine distributor and a Montana agency liquor store. (4) A Montana retail off-premises consumption beer and table wine licensee may not: (a) possess a financial or ownership interest in a Montana agency liquor store; or (b) individually or through the person's immediate family, receive financing from or have any affiliation to: (i) an alcoholic beverage manufacturer or importer of alcoholic beverages; or (ii) a distributor of alcoholic beverages, including a Montana combined beer wholesaler and table wine distributor and a Montana agency liquor store. (5) A Montana combined beer wholesaler and table wine distributor may not: (a) possess a financial or ownership interest in a Montana agency liquor store, a Montana alcoholic beverages retailer, an alcoholic beverages manufacturer, or another Montana combined beer wholesaler and table wine distributor; (b) have any affiliation with a Montana alcoholic beverages retailer, or the immediate family of a Montana alcoholic beverages retailer; or (c) be owned or controlled by an alcoholic beverages manufacturer or an importer of alcoholic beverages. (6) A Montana alcoholic beverage manufacturer may not possess a financial or ownership interest in: (a) a distributor of alcoholic beverages, including a Montana beer wholesaler, a Montana table wine distributor, and a Montana agency liquor store; or (b) a Montana alcoholic beverages retailer, except as provided in 16-4-401, MCA. (7) When a licensed retailer and a licensed manufacturer operate a colocated license, the following restrictions apply in addition to those in (1) through (6): (a) a person with an ownership interest in a licensed brewery or licensed winery may hold complete ownership of up to a combined total of three on-premises consumption beer and wine licenses or all-beverage licenses; (b) a person with an ownership interest in a licensed distillery may hold complete ownership of up to three all-beverage licenses; (c) a person with an ownership interest in an all-beverage license and a Montana distillery license may hold complete ownership interest in up to two additional all-beverage licenses; and (d) a person with an ownership interest in an on-premises consumption beer and wine license or all-beverage license and a Montana brewery license or Montana winery license may hold complete ownership interest in up to two additional on-premises consumption beer and wine licenses or all-beverages licenses.
ARM 42.12.143: ARM 42.12.143. RESTRICTION ON INTEREST IN OTHER LICENSES | Justis AI