SENATE BILL NO. 410

INTRODUCED BY B. KEENAN

A BILL FOR AN ACT ENTITLED: "AN ACT CLARIFYING THAT ALCOHOLIC BEVERAGES MAY NOT BE CONSUMED IN RESTAURANTS NOT LICENSED FOR RETAIL SALE OF ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES; PROVIDING THAT PRIMARY RESPONSIBILITY FOR ENFORCING THE BOTTLE CLUB LAW AND THE PROHIBITION ON CONSUMPTION OF ALCOHOL IN UNLICENSED RESTAURANTS RESTS WITH THE DEPARTMENTS OF REVENUE AND JUSTICE; CLARIFYING THAT A VIOLATION CONSTITUTES A MISDEMEANOR; AND AMENDING SECTION 16-6-306, MCA."

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

Section 1. Section 16-6-306, MCA, is amended to read:

"16-6-306. Bottle clubs -- alcoholic beverages in unlicensed restaurants prohibited. (1) The operation of alcoholic beverage bottle clubs is prohibited by any person, persons, partnership, firm, corporation, or association. A bottle club is defined as any person, persons, partnership, firm, corporation, or association maintaining premises not licensed for the sale of alcoholic beverages, for a fee or other consideration, including the sale of food, mixes, ice, or any other fluids for alcoholic beverages, or otherwise furnishing premises for those purposes and from which they would derive revenue.

(2) (a) A person owning, operating, or managing a restaurant not licensed for retail sale of alcoholic beverages for on-premises consumption may not:

(i) permit a person to bring any alcoholic beverage into the restaurant for the purposes of consuming the alcoholic beverage in the restaurant; or

(ii) allow a person in the restaurant to consume alcoholic beverages.

(b) A restaurant licensed for retail sale of alcoholic beverages for on-premises consumption may establish a policy prohibiting patrons from bringing into the restaurant and consuming alcoholic beverages not purchased from the restaurant.

(3) This section does not apply to:

(a) bed and breakfasts as defined in 50-51-102(1);

(b) guest ranches as defined in 50-51-102(4);

(c) outfitting and guide facilities as defined in 50-51-102(6); and

(d) unlicensed commercial halls or facilities if the owner or operator does not require any additional consideration beyond hall or facility rental for the privilege of providing or consuming liquor on the premises and the owner or operator of the hall or facility does not sell food on the premises.

(4) (a) A violation of a provision of this section must be investigated by the department and the department of justice and may be investigated by appropriate municipal and county law enforcement officers. A violation of this section must be prosecuted by the department of justice or, if requested, by the chief legal officer of the municipality if the bottle club or restaurant is located within the limits of a municipality or by the chief legal officer of the county in which the bottle club or restaurant is located.

(b) A person who violates a provision of this section is guilty of a misdemeanor and is punishable as provided in 16-6-314."

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