ARM 42.13.601. BREWERY - CONDITIONS FOR OPERATING

(1) In addition to all other alcoholic beverage licensing requirements, a brewery shall: (a) not possess any interest in real or personal property owned, occupied, or used by an alcoholic beverage retailer in the conduct of the retailer's business; (b) store alcoholic beverages only on the premises; (c) store on the premises only the alcoholic beverages for which the premises are licensed or those authorized under an approved alternating proprietor arrangement; (d) sell and deliver its product for off-premises sales only in original packaging; (e) prevent the self-service of alcoholic beverages on the premises; (f) prevent the consumption or possession of alcoholic beverages on the premises by persons who are under 21 years of age or actually, apparently, or obviously intoxicated; (g) prevent the on-premises consumption of alcoholic beverages not sold or provided at the premises and those sold in original packaging for off-premises consumption; (h) prevent the consumption of alcoholic beverages in the manufacturing area or storage area except as authorized by federal laws; (i) maintain records documenting its business operations including, but not limited to, the sale, production, storage, and processing of alcoholic beverages on the premises; and (j) electronically file all required alcoholic beverage tax returns and pay any taxes owed as provided in law. (2) A license to operate a brewery is not a retail license. (3) A brewery may sell alcoholic beverages on its premises to a consumer for off-premises consumption only as follows: (a) the sale may not be conducted through a drive-up window; (b) all alcoholic beverages must be in original packaging; (c) alcoholic beverages may only be sold in an approved sample room; and (d) the sale of alcoholic beverages is prohibited between 2 a.m. and 8 a.m. (4) In addition to all other requirements, a small brewery with an annual nationwide production of not less than 100 barrels or more than 10,000 barrels that operates a sample room shall: (a) refrain from providing alcoholic beverages on the premises until the department approves a sample room; (b) provide with or without charge no more than 48 ounces of alcoholic beverages to any individual for on-premises consumption during a business day; (c) prevent the sale of alcoholic beverages for on-premises consumption between 8 p.m. and 10 a.m.; and (d) prevent the consumption or possession of alcoholic beverages on the premises between 9 p.m. and 10 a.m. by removing all alcoholic beverages other than those purchased in original packaging for off-premises consumption from individuals' possession by 9 p.m. (5) In addition to all other requirements, a brewery with an annual nationwide production of more than 10,000 but less than 60,000 barrels shall: (a) refrain from providing alcoholic beverages on the premises until the department approves a sample room; (b) only provide samples without charge on its premises between 8 a.m. and 2 a.m.; (c) prevent the sale of alcoholic beverages for off-premises consumption between 2 a.m. and 8 a.m.; and (d) prevent the consumption or possession of alcoholic beverages on the premises between 2 a.m. and 8 a.m. by removing all alcoholic beverages other than those purchased in original packaging for off-premises consumption from individuals' possession by 2 a.m.