ARM 42.13.107. NONUSE STATUS

(1) The department shall grant nonuse status to a licensee who: (a) is issued a license without an approved premises as provided in 16-4-417, MCA; or (b) is not operating a going establishment if the licensee provides written notice to the department prior to exceeding 90 days of not operating a going establishment. (2) Except as provided in (3) or in 16-4-431(2), MCA, an approved nonuse period shall not exceed one year. (3) The department may extend the one-year nonuse period if the licensee provides evidence that the delay in use is for reasons outside the licensee's control, that the licensee is progressing on a department-approved alteration, or for licenses issued without a premises, the licensee is making progress toward licensure. Acceptable reasons for extending the nonuse period may include but are not limited to: (a) the death of the licensee or the licensee's family member; (b) a natural disaster; (c) a department approved alteration is underway or is pending department approval; (d) the licensee lost possessory interest in the premises; or (e) bankruptcy. (4) Prior to expiration of the approved nonuse period, the licensee shall resume operations and notify the department that operations have resumed. (5) If a licensee fails to timely resume operations or provide the required notification, the department shall lapse the license pursuant to 16-3-310, MCA, and ARM 42.13.108. (6) A licensee cannot resume operations of a license at premises where the licensee: (a) was granted nonuse status for the license; and (b) operated another license at the premises while the previous license was on nonuse status. (7) A licensee may not purchase, sell, or otherwise provide alcoholic beverages while on nonuse status. This includes catering events and operating through a concession agreement. (8) The amount of time spent on nonuse status does not count towards the operational requirement provided in 16-4-417 and 16-4-432, MCA. (9) A license issued pursuant to 16-4-101, 16-4-107, and 16-4-311, MCA, may be granted nonuse status if the licensee submits a written request to the department prior to exceeding 90 days of not operating. (10) A licensee granted nonuse status pursuant to (9) may not produce, purchase, sell, distribute, or otherwise provide alcoholic beverages while on nonuse status.