16-3-411. Winery. (1) A winery located in Montana and licensed pursuant to 16-4-107 may:
     (a) import in bulk, bottle, produce, blend, store, transport, or export wine it produces;
     (b) sell wine it produces at wholesale to wine distributors;
     (c) sell wine it produces at retail at the winery directly to the consumer for consumption on or off the premises;
     (d) provide, without charge, wine it produces for consumption at the winery;
     (e) purchase from the department or its licensees brandy or other distilled spirits for fortifying wine it produces;
     (f) obtain a special event permit under 16-4-301;
     (g) perform those operations and cellar treatments that are permitted for bonded winery premises under applicable regulations of the United States department of the treasury; or
     (h) sell wine at the winery to a licensed retailer who presents the retailer's license or a photocopy of the license.
     (2) (a) A winery licensed pursuant to 16-4-107 may sell and deliver wine produced by the winery directly to licensed retailers if the winery:
     (i) uses the winery's own equipment, trucks, and employees to deliver the wine and the wine delivered pursuant to this subsection (2)(a)(i) does not exceed 4,500 cases a year;
     (ii) contracts with a licensed table wine distributor to ship and deliver the winery's wine to the retailer; or
     (iii) contracts with a common carrier to ship and deliver the winery's wine to the retailer and:
     (A) the wine shipped and delivered by common carrier is shipped directly from the producer's winery or bonded warehouse;
     (B) individual shipments delivered by common carrier are limited to three cases a day for each licensed retailer; and
     (C) the shipments delivered by common carrier do not exceed 4,500 cases a year.
     (b) A winery making sales to retail licensees under the provisions of this subsection (2) is considered a table wine distributor for the purposes of collecting taxes on table wine, as provided in 16-1-411.
     (c) If a winery uses a common carrier for delivery of the wine to licensed table wine distributors and retailers, the shipment must be:
     (i) in boxes that are marked with the words: "Wine Shipment From Montana-Licensed Winery to Montana Licensee";
     (ii) delivered to the premises of a licensed table wine distributor or licensed retailer who is in good standing; and
     (iii) signed for by the wine distributor or retailer or its employee or agent.
     (d) In addition to any records required to be maintained under 16-4-107, a winery that distributes wine within the state under this subsection (2) shall maintain records of all sales and shipments. The winery shall, on or before the 15th day of each month, in the manner and form prescribed by the department, make a return reporting the amount of wine that it shipped in the state during the preceding month, names and addresses of consignees or retailers, and other information that the department may determine to be necessary to ensure that distribution of table wines within this state conforms to the requirements of this code.

     History: En. Sec. 1, Ch. 566, L. 1987; amd. Sec. 34, Ch. 530, L. 1995; amd. Sec. 1, Ch. 163, L. 2001; amd. Sec. 6, Ch. 501, L. 2007.