HOUSE BILL NO. 448

INTRODUCED BY D. EWER

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING LAWS RELATING TO CRITERIA FOR LIQUOR LICENSING; REVISING THE LAWS RELATING TO DENIAL OF A LIQUOR LICENSE; AND AMENDING SECTION 16-4-405, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 16-4-405, MCA, is amended to read:

"16-4-405. Denial of license. (1) The department may deny the issuance of a retail alcoholic beverages license if it determines that the premises proposed for licensing are off regular police beats and cannot be properly policed by local authorities.

(2) A retail license may not be issued by the department for a premises situated within a zone of a city, town, or county where the sale of alcoholic beverages is prohibited by ordinance, a certified copy of which has been filed with the department.

(3) A license under this code may not be issued if the department finds from the evidence at a hearing that:

(a) the welfare of the people residing or of retail licensees located in the vicinity of the premises for which the license is desired will be adversely affected;

(b) if required, there is not a public convenience and necessity justification pursuant to 16-4-203;

(c) the applicant or the premises proposed for licensing fail to meet the eligibility or suitability criteria established by this code;

(d) a possible reason for denial listed in a conditional approval letter, as provided in 16-4-402, has been verified;

(e) the purposes of this code will not be carried out by the issuance of the license; or

(f) the location of the premises will create an undue safety or health hazard.

(4) For purposes of subsection (3)(a), the proximity to a residential neighborhood of the premises for which the license is desired raises a presumption that the welfare of the people residing in the vicinity will be adversely affected. The burden is on the applicant to prove that the people in the vicinity will not be adversely affected.

(5) For purposes of subsection (3)(f), the burden is on the applicant to prove that the location of the premises will not create an undue safety or health hazard."

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