Rule 42.13.601 - BREWERY - CONDITIONS FOR OPERATING(1) In addition to all other alcoholic beverage licensing requirements, a brewery shall: (a) 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;(b) store alcoholic beverages only on the premises;(c) store on the premises only the alcoholic beverages for which the premises are licensed or those authorized under an approved alternating proprietor arrangement;(d) prevent the consumption of alcoholic beverages in the manufacturing area or storage area except as authorized by federal law;(e) except as provided in 16-3-316(4)(a), MCA, sell and deliver its products to wholesalers and retailers only in original packaging;(f) maintain records documenting its business operations including, but not limited to, the sale, production, storage, and processing of alcoholic beverages on the premises; and(g) electronically file all required alcoholic beverage tax returns and pay any taxes owed as provided in law.(2) A license to operate a brewery is not a retail license.(3) In addition to all other requirements, a brewery with an annual nationwide production of less than 200 gallons shall: (a) refrain from providing alcoholic beverages on the premises until the department approves a sample room;(b) only provide samples without charge;(c) prevent the self-service of alcoholic beverages on the premises;(d) 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;(e) prevent the on-premises consumption of alcoholic beverages not sold or provided at the premises and those sold for off-premises consumption pursuant to (f);(f) sell all alcoholic beverages on its premises to a consumer for off-premises consumption under the following conditions:(i) the alcoholic beverages must be sold in an approved sample room;(ii) the alcoholic beverages must be in original packaging, prepared servings, or growlers only;(iii) the sale of alcoholic beverages is prohibited between 2 a.m. and 8 a.m.; and(g) subject to, and in addition to the off-premises consumption sales conditions in (f), a brewery may use curbside pickup, including a drive-through window, to sell alcoholic beverages that were ordered online, in person, or through the phone.(4) In addition to all other requirements, a small brewery with an annual nationwide production of not less than 200 gallons or more than 60,000 barrels that operates a sample room shall: (a) refrain from providing alcoholic beverages on the premises until the department approves a sample room;(b) provide with or without charge no more than 48 ounces of alcoholic beverages to any individual for on-premises consumption or prepared servings through curbside pickup, including a drive-through window, during a business day;(c) provide not more than 2,000 barrels of beer annually for on-premises consumption, including the premises of any affiliated manufacturers as defined in 16-3-213, MCA;(d) prevent the sale of alcoholic beverages for on-premises consumption between 8 p.m. and 10 a.m.;(e) prevent the consumption or possession of alcoholic beverages on the premises between 9 p.m. and 10 a.m. by removing all alcoholic beverages other than those sold for off-premises consumption pursuant to (h) from individuals' possession by 9 p.m.;(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) sell alcoholic beverages on its premises to a consumer for off-premises consumption under the following conditions:(i) the alcoholic beverages must be sold in an approved sample room;(ii) all alcoholic beverages sold must be in original packaging, prepared servings, or growlers;(iii) the sale of alcoholic beverages is prohibited between 2 a.m. and 8 a.m.;(iv) the sale of alcoholic beverages in prepared servings is prohibited between 8 p.m. and 10 a.m.;(i) subject to, and in addition to the off-premises consumption sales conditions in (h), a brewery may use curbside pickup, including a drive-through window, to sell alcoholic beverages that were ordered online, in person, or through the phone; and(j) for each brewery participating in a distinct beer collaboration provided in 16-3-213(4), MCA, notify the department at least three business days prior to the collaboration and file all required reports with the department subsequent to the collaboration for tax collection purposes. For the purposes of administering 16-3-213(4), MCA, a "distinct collaboration beer" means a single beer manufactured through a single collaboration by two or more brewers. For example, if two brewers collaborate in March to make "Beer 123," that product constitutes one distinct collaboration beer. If the same two brewers collaborate to make the same beer at a later date in the year, that is considered a second distinct beer collaboration counting towards the collaborating brewers' statutory limit.(5) In addition to all other requirements, a brewery with an annual nationwide production of 60,000 barrels or more may only sell beer in original packaging to a licensed beer distributor. Selling or providing alcoholic beverages to consumers for consumption on the premises and selling alcoholic beverages to retailers is prohibited.Mont. Admin. r. 42.13.601
NEW, 2001 MAR p. 449, Eff. 3/23/01; AMD, 2002 MAR p. 2337, Eff. 8/30/02; AMD, 2008 MAR p. 2183, Eff. 10/10/08; AMD, 2009 MAR p. 1021, Eff. 6/26/09; AMD, 2017 MAR p. 493, Eff. 4/29/2017; AMD, 2017 MAR p. 2085, Eff. 11/10/2017; AMD, 2022 MAR p. 1932, Eff. 9/26/2022; AMD, 2024 MAR p. 2303, Eff. 9/21/2024AUTH: 16-1-303, MCA; IMP: 16-3-211, 16-3-213, 16-3-214, 16-3-242, 16-3-301, 16-3-304, 16-3-305, 16-3-312, MCA