SENATE BILL NO. 144

INTRODUCED BY MAHLUM D

BY REQUEST OF THE DEPARTMENT OF REVENUE

A BILL FOR AN ACT ENTITLED: "AN ACT AUTHORIZING A 1-YEAR STATE AGENCY SPECIAL FORECLOSURE LIQUOR LICENSE WHEN A LIQUOR LICENSE BECOMES STATE-OWNED THROUGH FORECLOSURE; AUTHORIZING A SPECIAL STATE AGENCY LIQUOR LICENSE OBTAINED WHEN THE LICENSE BECOMES STATE-OWNED UNDER A LEGISLATIVE MANDATE; PROVIDING THAT A SPECIAL FORECLOSURE OR STATE AGENCY LIQUOR LICENSE MAY BE LEASED TO AN INDIVIDUAL OR ENTITY; PROVIDING THAT THE SPECIAL FORECLOSURE AND STATE AGENCY LICENSES ARE SUBJECT TO GENERAL STATUTES AND RULES GOVERNING LIQUOR LICENSES, INCLUDING THE QUOTA POOL."

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

NEW SECTION. Section 1. Special license for state agency to sell all alcoholic beverages or beer and wine. (1) A state agency having authority to obtain property through foreclosure procedures is entitled to a special foreclosure license for transfer of the license obtained with the foreclosure property to the state agency gaining ownership of the property when that property includes either an all-beverages license or a beer and wine license.

(2) A state agency granted authority by the legislature to obtain and hold property that includes either an all-beverages license or a beer and wine license is entitled to a special state agency license.

(3) Either a special foreclosure license or a special state agency license, as provided for under this section, may be leased by the state agency owning the license to an individual or entity approved by the department.

(4) A special foreclosure license is valid for a term not to exceed 1 year. There may not be any reapplication or granting of a special foreclosure license beyond the 1-year term specified in this subsection.

(5) A special state agency license for the sale of all alcoholic beverages or beer and wine is subject to all statutes and rules governing all-beverages licenses or beer and wine licenses, including reapplication.

(6) Either a special foreclosure license or a special state agency license, as provided for under this section, remains a part of the quota pool if one exists.

NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 16, and the provisions of Title 16 apply to [section 1].

- END -