SENATE BILL NO. 59
INTRODUCED BY L. NELSON
AN ACT CLARIFYING THAT A POST OF A NATIONALLY CHARTERED VETERANS' ORGANIZATION OR A LODGE OF A RECOGNIZED NATIONAL FRATERNAL ORGANIZATION IS ENTITLED TO A SPECIAL PERMIT TO SELL BEER AND TABLE WINE TO PATRONS OF AN EVENT EVEN IF THE POST OR LODGE IS OTHERWISE LICENSED UNDER THE PROVISIONS OF TITLE 16, MCA; LIMITING EVENTS TO THREE A YEAR; REQUIRING THAT NET PROCEEDS FROM AN EVENT GO TO THE POST OR LODGE ACQUIRING THE SPECIAL PERMIT; AMENDING SECTION 16-4-301, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 16-4-301, MCA, is amended to read:
"16-4-301. Special permits to sell all alcoholic beverages, beer, and table wine -- application and issuance. (1) (a)
Any association or corporation conducting a picnic, convention, fair, civic or community enterprise, or sporting event shall
is, in the discretion of the liquor division, be entitled to a special permit to sell beer and table wine to the patrons of such
the event, and except as provided in subsection (1)(c), the beer and wine must to be consumed within the enclosure wherein
where the event is held, except as provided in subsection (1)(d).
(b) The application of any such an association or corporation shall must be presented 3 days in advance and shall must
describe the location of such the enclosure where such the event is to be held, the nature of the event, and the period when
it is contemplated that the event will be held. The application shall must be accompanied by the amount of the permit fee
and a written statement of approval of the premises where the event is to be held issued by the local law enforcement
agency that has jurisdiction over the premises where the event is to be held.
(c) The permit issued to such the association or corporation is a special permit but shall does not authorize the sale of
beer and table wine except starting 1 day in advance of before the regular period when events are being held upon such the
grounds, and during the period described in the application, and for 1 day thereafter after the period described in the
application.
(d) A special permit issued under this subsection (1) for the purpose of selling and serving beer at an event conducted on the premises of a county fairground or public sports arena authorizes the permitholder to sell and serve beer in the grandstand and bleacher area of the premises, as well as from a booth, stand, or other fixed place on the premises.
(e) For the purposes of this subsection (1), a post of a nationally chartered veterans' organization or a lodge of a recognized national fraternal organization otherwise licensed under this code is an association entitled to special permits for three events a year as described in subsection (1)(a) to sell beer and table wine. All net proceeds must go to the post or lodge acquiring the special permit.
(2) (a) A post of a nationally chartered veterans' organization or a lodge of a recognized national fraternal organization
not otherwise licensed under this code shall is, in the discretion of the department, without notice or hearing as provided in
16-4-207, be entitled to a special permit to sell beer and table wine or a special permit to sell all alcoholic beverages at such
the post or lodge to members and their guests only, to be consumed within the hall or building of such the post or lodge.
(b) The application of such a nationally chartered veterans' organization or lodge of a recognized national fraternal
organization shall must describe the location of the hall or building where the special permit will be used and the date it
will be used.
(c) The special permit issued shall be is for a 24-hour period only, ending at 2 a.m., and the department may not issue
more than 12 such special permits to any such post or lodge during a calendar year."
Section 2. Effective date. [This act] is effective on passage and approval.
- END -
Latest Version of SB 59 (SB0059.ENR)
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