Rule 42.13.401 - IMPORTATION OF WINE(1) A foreign winery or importer, not otherwise licensed in Montana, desiring to ship table wine, sacramental wine, or hard cider to Montana must submit an application for registration specified in 16-4-107, MCA. The registration must be renewed annually by October 1 and be accompanied by the applicable registration fee shown in (3).(2) Each product the foreign winery or importer desires to ship must conform to the provisions of ARM 42.13.201.(3) For the first year, the registration fee is based on the total number of 9-liter cases the registrant intends to ship to Montana that year. For subsequent years, the registration fee is based on the total number of 9-liter cases the registrant actually shipped to Montana during the preceding year. The registration fee schedule is as follows: (a) 0-60 9-liter cases = no charge;(b) 61-500 9-liter cases = $100;(c) 501-1000 9-liter cases = $200;(d) 1001- 2000 9-liter cases = $300; or(e) 2001 + 9-liter cases = $400.(4) A winery that desires to ship table wine directly to consumers in Montana must also hold a current direct shipment endorsement, as specified in 16-4-1102, MCA. The direct shipment endorsement has an annual fee of $50. (5) A winery must comply with all laws of the United States, Montana, Tribes, and local jurisdictions pertaining to the sale and shipment of alcoholic beverages, and may not ship table wine to any address in Montana where local or Tribal law prohibits the purchase or receipt of alcoholic beverages. (6) Any winery or importer failing to renew or failing to file copies of its agreements of distributorship pursuant to 16-3-402, MCA, will be subject to cancellation or suspension as provided in 16-4-107, MCA.Mont. Admin. r. 42.13.401
NEW, Eff. 11/3/75; AMD, 1979 MAR p. 1249, Eff. 10/12/79; AMD, 1985 MAR p. 170, Eff. 2/15/85; AMD, 1993 MAR p. 158, Eff. 1/29/93; AMD, 2001 MAR p. 449, Eff. 3/23/01; AMD, 2002 MAR p. 2337, Eff. 8/30/02; AMD, 2012 MAR p. 2646, Eff. 12/21/12; AMD, 2013 MAR p. 2312, Eff. 12/13/13; AMD, 2014 MAR p. 2980, Eff. 12/12/14; AMD,2019 MAR p. 2058, Eff.11/9/2019AUTH: 16-1-303, 16-4-1103, MCA; IMP: 16-3-402, 16-4-107, 16-4-1102, 16-4-1103, MCA