Rule 42.12.204 - TREATMENT OF A LICENSE OF AN INCAPACITATED OR DECEASED LICENSEE; NOTICE AND DOCUMENTATION REQUIREMENTS(1) Pursuant to 16-4-431, MCA, in the event of the death or the judicial determination of incapacity of a licensee, the appointed conservator, guardian, personal representative, executor, or administrator must notify the department within 90 days of their appointment. In any event, the department must be notified within 180 days of the death or the judicial determination of incapacity of a licensee or owner of a licensee.(2) An appointee's notice under (1) may be made by telephone, in writing, via electronic mail, or through submission of a department-provided form.(3) Documentation of the appointee's appointment must be provided to the department within 30 days of the notice required in (1).(4) An appointee may request department approval to continue operation of the licensed business for the duration of the existing license and to renew the license when it expires. In such case, the appointee must meet the licensure requirements set forth in 16-4-401, MCA, and pay all applicable license renewal, fingerprint, and license application fees. (a) The department will not authorize an appointee's continued operation of a licensed business absent the documentation required in (3).(b) If an appointee does not meet the requirements of (3) or this section, or elects not to operate the licensed business, the department shall place the license on approved non-use pending the outcome of a successor appointee, the sale or transfer of the affected license described in (5), or receipt of a judicial determination of licensee's restored capacity. This non-use is not subject to the requirements of 16-3-310, MCA.(5) An appointee, as personal representative of a licensee or owner of a licensee, must provide the department with a certified copy of the decree of distribution or order of settlement confirming the sale and/or transfer of the license to a distributee or purchaser. The distributee or purchaser of an alcoholic beverages license must comply with all licensing criteria before the transfer of the license will be approved by the department.(6) If an alcoholic beverages license is owned by joint tenants with right of survivorship, ownership of the license may be amended to reflect the surviving joint tenant or tenants, upon presentation of proof of death of the decedent joint tenant or tenants.(7) In all other cases, upon the death of a licensee it is necessary to apply for transfer of ownership of the license as provided by 16-4-204 and 16-4-404, MCA.Mont. Admin. r. 42.12.204
NEW, Eff. 11/3/75; AMD, 1985 MAR p. 167, Eff. 2/15/85; AMD, 2001 MAR p. 449, Eff. 3/23/01; AMD, 2003 MAR p. 21, Eff. 1/17/03; AMD, 2024 MAR p. 2303, Eff. 9/21/2024AUTH: 16-1-303, 16-4-431, MCA; IMP: 16-4-204, 16-4-404, 16-4-431, MCA