ARM 42.12.414. HOW APPLICANTS WILL BE CHOSEN

(1) Successful applicants will be chosen based upon rank (the order of being randomly drawn) . (2) In addition, successful applicants for a restaurant beer/wine license will be chosen based upon: (a) qualified seating capacity: (i) 60 persons or less; (ii) 61 to 100 persons; or (iii) 101 or more persons; and (b) whether the applicant is eligible for an existing preference. (3) The department will construct a list of the applicants in the order drawn in the lottery. (a) For a restaurant beer/wine lottery applicant, the department personnel will then look to see, within this ordering, which restaurants have an existing preference and the seating capacity of the restaurant. (b) A final ranking of applicants will then be made. (c) The department will not issue to the restaurants shown in (2) (a) (iii) more than 25% of the available restaurant beer/wine licenses in any given quota area. This may result in a quota area not being able to immediately award all of its available restaurant beer/wine licenses. This could also result in larger restaurants who have received a preference being unable to receive a restaurant beer/wine license if many larger restaurants apply to the initial lottery in a given area. (4) A successful applicant cannot sell his ranking nor can the applicant transfer his ranking to another.