Rule 42.12.132 - LOCATION MANAGER(1) All on-premises retailers, off-premises retailers, manufacturers, and distributors shall designate at least one location manager, which may be a person or an entity providing location management services, to oversee the alcoholic beverage operations and ensure compliance with alcoholic beverage laws and regulations on behalf of the licensee.(a) A location manager designation is based upon the duties performed rather than job title and a location manager must meet the qualifications criteria provided in 16-4-419, MCA, and this rule.(b) If more than one person performs location manager duties, the licensee shall seek the department's approval for each manager.(2) The licensee shall initially seek the department's approval of all location managers and any business entity providing location management services on the license application.(3) Following initial licensure, the licensee shall seek the department's approval of a location manager as follows: (a) if the location manager is not an owner vetted pursuant to 16-4-401, MCA, then the licensee shall submit the location manager application, the employee's personal history statement, two complete sets of the employee's fingerprint cards, and the fingerprint processing fee within 30 days of the employee commencing location manager duties; or(b) if the location manager is an owner vetted pursuant to 16-4-401, MCA, then the licensee must complete and submit the location manager application but does not need to resubmit the owner's personal history statement, two complete sets of the owner's fingerprint cards, or the fingerprint processing fee.(4) If a licensee designates a business entity as a location manager, the business entity must appoint at least one person who meets the requirements of 16-4-419, MCA, and this rule as a location manager. The licensee shall submit the representative's location manager application, personal history statement, two complete sets of fingerprint cards, and fingerprint processing fee within 30 days of the commencement of location manager duties.(5) A licensee shall also confirm annually, on the license renewal form, who is performing location manager duties whether under (3) or (4). The licensee shall also identify any location managers who ceased performing managerial duties during the past license year.(6) The department shall issue its determination of the location manager application within 15 days of receiving the results of the investigation unless the department receives investigative findings that require additional consideration. In this case, the department will notify the licensee, in writing, within five days that an extension of the determination is necessary.(7) The licensee shall: (a) retain ultimate control over the license and premises;(b) maintain an active participation in the alcoholic beverage operation sufficient to ensure the proper and lawful conduct of the business; and(c) except for an owner acting as a location manager, provide the location manager compensation commensurate with the duties performed. Compensation shall not be based on a percentage of gross sales or net profits.(8) Failure to abide by the provisions of this rule, including the failure to disclose the person performing location manager duties, may subject the licensee to administrative action, including revocation of the license.Mont. Admin. r. 42.12.132
NEW, 1992 MAR p. 2192, Eff. 9/25/92; AMD, 1998 MAR p. 2102, Eff. 7/31/98; AMD, 2001 MAR p. 449, Eff. 3/23/01; AMD, 2003 MAR p. 21, Eff. 1/17/03; AMD, 2003 MAR p. 2305, Eff. 10/17/03; AMD, 2012 MAR p. 1846, Eff. 9/21/12; AMD, 2014 MAR p. 2980, Eff. 12/12/14; AMD, 2017 MAR p. 346, Eff. 3/25/2017; AMD, 2024 MAR p. 2303, Eff. 9/21/2024AUTH: 16-1-303, 16-4-419, MCA; IMP: 16-1-302, 16-4-414, MCA