Rule 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;(c) a department approved alteration is underway or is pending department approval;(d) the licensee lost possessory interest in the premises; or(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.Mont. Admin. r. 42.13.107
NEW, Eff. 11/3/75; AMD, 1985 MAR p. 170, Eff. 2/15/85; AMD, 1992 MAR p. 1244, Eff. 6/12/92; AMD, 2002 MAR p. 2337, Eff. 8/30/02; AMD, 2004 MAR p. 1972, Eff. 8/20/04; AMD, 2008 MAR p. 2183, Eff. 10/10/08; AMD, 2014 MAR p. 2980, Eff. 12/12/14; AMD, 2020 MAR p. 1177, Eff. 6/27/2020; AMD, 2024 MAR p. 2303, Eff. 9/21/2024AUTH: 16-1-303, 16-4-417, 16-4-431, MCA; IMP: 16-3-310, 16-4-417, 16-4-431, 16-4-432, MCA