Rule 42.13.405 - WINERY - CONDITIONS FOR OPERATING(1) In addition to all other alcoholic beverage licensing requirements, a winery shall: (a) refrain from providing alcoholic beverages on the premises until the department approves a sample room;(b) except as provided in 16-4-401(9), MCA, not possess any interest in real or personal property owned, occupied, or used by an alcoholic beverage retailer in the conduct of the retailer's business;(c) store alcoholic beverages only on the premises;(d) store on the premises only the alcoholic beverages for which the premises are licensed or those authorized under an approved alternating proprietor arrangement;(e) except as provided in 16-3-316(4)(a), MCA, sell and deliver its products to distributors or retailers only in original packaging;(f) prevent the self-service of alcoholic beverages on the premises;(g) prevent the consumption or possession of alcoholic beverages on the premises by persons who are under 21 years of age or actually, apparently, or obviously intoxicated;(h) prevent the sale of alcoholic beverages for on-premises or off-premises consumption between 2 a.m. and 8 a.m.;(i) prevent the consumption or possession of alcoholic beverages on the premises between 2 a.m. and 8 a.m. by removing all alcoholic beverages, other than those sold for off-premises consumption pursuant to (3), from individuals' possession by 2 a.m.;(j) prevent the on-premises consumption of alcoholic beverages not sold or provided at the premises and those sold in original packaging for off-premises consumption;(k) prevent the consumption of alcoholic beverages in the manufacturing area or storage area except as authorized by federal laws;(l) maintain records documenting its business operations including, but not limited to the sale, production, storage, and processing of alcoholic beverages on the premises; and(m) electronically file all required alcoholic beverage tax returns and pay any taxes owed as provided in law.(2) A license to operate a winery is not a retail license.(3) A winery may sell alcoholic beverages on its premises to a consumer for off-premises consumption under the following conditions:(a) all alcoholic beverages must be in original packaging, prepared servings, or growlers;(b) except as provided in (c), alcoholic beverages may only be sold in an approved sample room; and(c) use curbside pickup, including a drive-through window, to sell alcoholic beverages that were ordered online, in person, or through the phone.Mont. Admin. r. 42.13.405
NEW, 2010 MAR p. 757, Eff. 3/26/10; AMD, 2017 MAR p. 493, Eff. 4/29/2017; AMD, 2022 MAR p. 1932, Eff. 9/26/2022; AMD, 2024 MAR p. 2303, Eff. 9/21/2024AUTH: 16-1-303, MCA; IMP: 16-3-301, 16-3-304, 16-3-305, 16-3-312, 16-3-406, 16-3-411, 16-4-107, MCA