Mont. Admin. r. 42.12.502

Current through Register Vol. 23, December 6, 2024

Rule 42.12.502 - PUBLISHING OF ALCOHOLIC BEVERAGE LICENSE AVAILABILITY

(1) The department shall publish the availability of a retail alcoholic beverage license, that is subject to the quota limitations in 16-4-105, 16-4-201, or 16-4-420, MCA, when:

(a) a new license becomes available in a quota area in which a license of the same type is not currently available in the quota area;

(b) the opportunity to transfer a license into a quota area becomes available in which a license of the same type is not currently available in the quota area; and

(c) the lapse, revocation, or issuance of a license within the quota area in which the license is located has created the last remaining license for that license type in the quota area; and

(d) the department's denial of an application for licensure or the applicant's withdrawal of an application for licensure has created the last remaining license for that license type in the quota area.

(2) The department shall publish the availability of the license once a week for two consecutive weeks in a newspaper in the area. The publication notice shall include:

(a) the type of license(s) available;

(b) the reason for the availability;

(c) the instructions for submitting a competitive bid form;

(d) the minimum bid amount; and

(e) that the department will use a competitive bidding process for determining who is granted the opportunity to apply for licensure.

(3) Concurrent with the notice of publication in (2), the department will post the availability of a license on the department's website until the competitive bid deadline provided in ARM 42.12.503(2), and will send an electronic notification to any individuals who have signed up with the department to receive competitive bid notices.

(4) The department has the right to cancel or amend a competitive bidding process at any time. If a competitive bidding process is cancelled, the department shall notice the availability of the license, if applicable, in a future publication.

Mont. Admin. r. 42.12.502

NEW,2018 MAR p. 1613, Eff.8/11/2018; AMD, 2019 MAR p. 2385, Eff. 12/28/2019; AMD, 2021 MAR p. 1152, Eff. 9/11/2021; AMD, 2024 MAR p. 2303, Eff. 9/21/2024

AUTH: 16-1-303, 16-4-105, 16-4-201, 16-4-204, 16-4-420, MCA; IMP: 16-4-105, 16-4-201, 16-4-204, 16-4-420, 16-4-430, MCA