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HOUSE BILL NO. 73
INTRODUCED BY S. ROSE
AN ACT GENERALLY REVISING LICENSE LAWS; REQUIRING THE DEPARTMENT OF JUSTICE TO PERFORM A BACKGROUND INVESTIGATION RATHER THAN A THOROUGH INVESTIGATION PRIOR TO THE ISSUANCE OF AN OFF-PREMISES BEER AND WINE LICENSE; REMOVING THE NOTARY REQUIREMENT FOR LIQUOR LICENSE AND NURSERY LICENSE APPLICATIONS; PROVIDING THAT THE DEPARTMENT OF REVENUE RATHER THAN THE DEPARTMENT OF COMMERCE ADMINISTER THE MONTANA SMALL BUSINESS LICENSING COORDINATION ACT ESTABLISHED IN TITLE 30, CHAPTER 16, MCA; PROVIDING ANNIVERSARY DATES FOR PETROLEUM DEALERS AND LIQUOR LICENSEES; PROVIDING FOR LICENSING AND PERMITTING BY THE DEPARTMENT OF REVENUE RATHER THAN THE DEPARTMENT OF ENVIRONMENTAL QUALITY OF UNDERGROUND STORAGE TANKS PURSUANT TO THE PROVISIONS OF TITLE 30, CHAPTER 16, MCA; AMENDING SECTIONS 16-4-115, 16-4-402, 16-4-407, 16-4-501, 30-16-103, 30-16-301, 80-7-106, AND 82-15-105, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 16-4-115, MCA, is amended to read:
"16-4-115. Beer and wine licenses for off-premises consumption. (1) A retail license to sell beer or table wine, or both, in the original packages for off-premises consumption may be issued only to a person, firm, or corporation that is approved by the department as a person, firm, or corporation qualified to sell beer or table wine, or both, and whose premises proposed for licensing are operated as a bona fide grocery store or a drugstore licensed as a pharmacy. The number of licenses that the department may issue is not limited by the provisions of 16-4-105 but must be determined by the department in the exercise of its sound discretion, and the department may in the exercise of its sound discretion grant or deny an application for any license or suspend or revoke any license for cause.
(2) Upon receipt of a completed application for a license under this section, accompanied by the necessary license fee as
provided in 16-4-501, the department shall request that the department of justice make a
thorough background investigation
of all matters relating to the application.
(3) Based on the results of the investigation or in exercising its sound discretion as provided in subsection (1), the department shall determine whether:
(a) the applicant is qualified to receive a license;
(b) the applicant's premises are suitable for the carrying on of the business; and
(c) the requirements of this code and the rules promulgated by the department are met and complied with.
(4) License applications submitted under this section are not subject to the provisions of 16-4-203 and 16-4-207.
(5) If the premises proposed for licensing under this section are a new or remodeled structure, the department may issue a conditional license prior to completion of the premises upon reasonable evidence that the premises will be suitable for the carrying on of business as a bona fide grocery store or a drugstore licensed as a pharmacy."
Section 2. Section 16-4-402, MCA, is amended to read:
"16-4-402. Application -- investigation. (1) Prior to the issuance of a license under this chapter, the applicant shall file
with the department an application
in writing, signed by the applicant and containing information and statements relative to
the applicant and the premises where the alcoholic beverage is to be sold as required by the department. The application
must be verified by the affidavit of the person making it before a person authorized to administer oaths.
(2) (a) Upon receipt of a completed application for a license under this code, accompanied by the necessary license fee or letter of credit as provided in 16-4-501(7)(f), the department shall request that the department of justice make a thorough investigation of all matters relating to the application. Based on the results of the investigation or on other information, the department shall determine whether:
(i) the applicant is qualified to receive a license;
(ii) the applicant's premises are suitable for the carrying on of the business; and
(iii) the requirements of this code and the rules promulgated by the department are met and complied with.
(b) This subsection (2) does not apply to a catering endorsement provided in 16-4-111 or 16-4-204(2), a retail beer and wine license for off-premises consumption as provided in 16-4-115, or a special permit provided in 16-4-301.
(c) For an original license application and an application for transfer of location of a license, the department of justice's investigation and the department's determination under this subsection (2) must be completed within 90 days of the request from the department to the department of justice. If information is requested from the applicant by either department, the time period in this subsection (2)(c) is tolled until the requested information is received by the requesting department. The basis for the tolling of the deadline must be documented.
(3) Upon proof that an applicant made a false statement in any part of the original application, in any part of an annual renewal application, or in any hearing conducted pursuant to an application, the application for the license may be denied, and if issued, the license may be revoked.
(4) The department shall issue a conditional approval letter upon the last occurrence of either:
(a) completion of the investigation and determination provided for in subsection (2) if the department has not received information that would cause the department to deny the application; or
(b) a final agency decision that either denies or dismisses a protest against the approval of an application pursuant to 16-4-207.
(5) The conditional approval letter must state the reasons upon which the future denial of the application may be based. The reasons for denial of the application after the issuance of the conditional approval letter are as follows:
(a) there is false or erroneous information in the application;
(b) the premises are not approved by local building, health, or fire officials;
(c) there are physical changes to the premises that if known prior to the issuance of the conditional approval letter would have constituted grounds for the denial of the application or denial of the issuance of the conditional approval; or
(d) a final decision by a court exercising jurisdiction over the matter either reverses or remands the department's final agency decision provided for in subsection (4)."
Section 3. Section 16-4-407, MCA, is amended to read:
"16-4-407. Suspension or revocation of licenses. Each July 1 or, when applicable, on the licensee's anniversary date,
the department shall issue licenses to brewers, beer importers, wholesalers, or retailers or for the retail sale of alcoholic
beverages on an annual basis and
at such with the fees as are prescribed by law, and such the licenses are subject to
suspension or revocation under 16-4-406 after midnight of June 30 of the succeeding year or 1 year after the anniversary if
the annual renewal fees required by 16-4-501 are not paid. The department shall notify each applicant for an original license
or renewal that he should inform himself of it is the applicant's responsibility to determine if applicable provisions of
federal law which may require the applicant to obtain a permit from a federal agency."
Section 4. Section 16-4-501, MCA, is amended to read:
"16-4-501. License and permit fees. (1) Each beer licensee licensed to sell either beer or table wine only, or both beer and table wine, under the provisions of this code, shall pay an annual license fee as follows:
(a) each brewer and each beer importer, wherever located, whose product is sold or offered for sale within the state, $500; for each storage depot, $400;
(b) each beer wholesaler, $400; each table wine distributor, $400; each subwarehouse, $400;
(c) each beer retailer, $200;
(d) for a license to sell beer at retail for off-premises consumption only, the same as a retail beer license; for a license to sell table wine at retail for off-premises consumption only, either alone or in conjunction with beer, $200;
(e) any unit of a nationally chartered veterans' organization, $50.
(2) The permit fee under 16-4-301(1) is computed at the rate of $10 a day for each day that beer and table wine are sold at those events lasting 2 or more days, but the fee may not exceed $300 for a series of scheduled sporting events.
(3) The permit fee under 16-4-301(2) is $10 for the sale of beer and table wine only or $20 for the sale of all alcoholic beverages.
(4) Passenger carrier licenses must be issued upon payment by the applicant of an annual license fee in the sum of $300.
(5) The annual license fee for a license to sell wine on the premises, when issued as an amendment to a beer-only license pursuant to 16-4-105, is $200.
(6) The annual renewal fee for resort retail all-beverages licenses within a given resort area is $2,000 for each license.
(7) Each licensee licensed under the quotas of 16-4-201 shall pay an annual license fee as follows:
(a) except as provided in this section, for each license outside of incorporated cities and incorporated towns or in incorporated cities and incorporated towns with a population of less than 2,000, $250 for a unit of a nationally chartered veterans' organization and $400 for all other licensees;
(b) except as provided in this section, for each license in incorporated cities with a population of more than 2,000 and
less than 5,000 or within a distance of 5 miles
thereof, measured in a straight line from the nearest entrance of the premises
to be licensed to the nearest boundary of the city, $350 for a unit of a nationally chartered veterans' organization and $500
for all other licensees;
(c) except as provided in this section, for each license in incorporated cities with a population of more than 5,000 and
less than 10,000 or within a distance of 5 miles
thereof, measured in a straight line from the nearest entrance of the premises
to be licensed to the nearest boundary of the city, $500 for a unit of a nationally chartered veterans' organization and $650
for all other licensees;
(d) for each license in incorporated cities with a population of 10,000 or more or within a distance of 5 miles
measured in a straight line from the nearest entrance of the premises to be licensed to the nearest boundary of the city, $650
for a unit of a nationally chartered veterans' organization and $800 for all other licensees;
(e) the distance of 5 miles from the corporate limits of any incorporated cities and incorporated towns is measured in a straight line from the nearest entrance of the premises to be licensed to the nearest boundary of the city or town; and where the premises of the applicant to be licensed are situated within 5 miles of the corporate boundaries of two or more incorporated cities or incorporated towns of different populations, the license fee chargeable by the larger incorporated city or incorporated town applies and must be paid by the applicant. When the premises of the applicant to be licensed are situated within an incorporated town or incorporated city and any portion of the incorporated town or incorporated city is without a 5-mile limit, the license fee chargeable by the smaller incorporated town or incorporated city applies and must be paid by the applicant.
(f) an applicant for the issuance of an original license to be located in areas described in subsections (6) and (7)(d) shall provide an irrevocable letter of credit from a financial institution that guarantees that applicant's ability to pay a $20,000 license fee. A successful applicant shall pay a one-time original license fee of $20,000 for a license issued. The one-time license fee of $20,000 may not apply to any transfer or renewal of a license issued prior to July 1, 1974. All licenses, however, are subject to the specified annual renewal fees.
(8) The fee for one all-beverages license to a public airport is $800. This license is nontransferable.
(9) The annual fee for a special beer and table wine license for a nonprofit arts organization under 16-4-303 is $250.
(10) The license fees provided in this section are exclusive of and in addition to other license fees chargeable in Montana for the sale of alcoholic beverages.
(11) In addition to other license fees, the department of revenue may require a licensee to pay a late fee of 33 1/3% of any license fee delinquent on July 1 of the renewal year or 1 year after the licensee's anniversary date, 66 2/3% of any license fee delinquent on August 1 of the renewal year or 1 year and 1 month after the licensee's anniversary date, and 100% of any license fee delinquent on September 1 of the renewal year or 1 year and 2 months after the licensee's anniversary date.
(12) All license and permit fees collected under this section must be deposited as provided in 16-2-108."
Section 5. Section 30-16-103, MCA, is amended to read:
"30-16-103. Definitions. As used in this chapter, the following definitions apply:
(1) "Board of review" means the body established to provide policy direction to the department of revenue in designing and recommending to the legislature the implementation of a plan for a business registration and licensing system.
(2) "Department" means the department of
commerce revenue established in 2-15-1801 2-15-1301.
(3) (a) "License" means the whole or part of any agency permit, license, certificate, approval, registration, or charter or any form or permission required by law or administrative rule to engage in any retail, wholesale, consumer service, manufacturing, or distributing activity.
(b) License does not include licenses, permits, or registrations issued under Title 30, chapter 10, parts 1 through 3, Title 33, Title 37, and Title 75, chapters 1 through 3, 5 through 7, 10, 15, 16, and 20, which are excluded from the coverage of this chapter.
(4) "Person" means an individual, sole proprietorship, partnership, association, cooperative, limited liability company, corporation, nonprofit organization, state or local government agency, or any other organization required to register with the state to do business in Montana and to obtain one or more licenses from the state or any of its agencies.
(5) "Plan" means the business registration and licensing system and the procedures developed by the board of review
that are under the administrative control of the department
Section 6. Section 30-16-301, MCA, is amended to read:
"30-16-301. Business registration and licensing plan -- administration. (1) The provisions of 16-11-120, 16-11-122, 30-12-203, 30-13-203, 30-13-206, 30-13-210, 30-13-217, 30-16-104, 50-50-201, 50-50-203, 50-50-205, 50-50-207, 50-50-214, 80-7-106, 81-9-201, 81-20-201, and 82-15-105 constitute a means of implementing a preliminary plan for streamlined registration and licensing procedures. Sections 16-11-120, 16-11-122, 30-12-203, 30-13-203, 30-13-206, 30-13-210, 30-13-217, 30-16-104, 50-50-201, 50-50-203, 50-50-205, 50-50-207, 50-50-214, 80-7-106, 81-9-201, 81-20-201, and 82-15-105 provide that certain licenses selected by the board of review must allow for:
(a) an anniversary date for license renewal that is set by the board of review;
(b) an electronic means of verifying the information required in the license application; and
(c) credit card discounts in relation to fees required for licensure.
(2) The department
of revenue shall designate a deputy director an employee in charge of administering the plan whose
duties include those of executive secretary of the board of review."
Section 7. Section 80-7-106, MCA, is amended to read:
"80-7-106. License required -- application and payment of license fee. (1) A firm engaging in the business of selling or distributing nursery stock in this state shall obtain a license for each nursery from the department.
(2) The license must be in the name of the firm seeking the license and expires on the anniversary date established by rule by the board of review established in 30-16-302. The applicant shall provide information that the department finds necessary to carry out the provisions and purposes of this chapter and in the form determined by rule by the board of review established in 30-16-302.
(3) (a) A nursery that earns less than $1,000 in gross annual sales of nursery stock and that submits
a notarized an
affidavit to that effect to the department is exempt from licensing.
(b) A nursery that earns $1,000 but less than $3,000 in gross annual sales of nursery stock and that submits
an affidavit to that effect to the department shall pay a license fee of $30.
(c) A nursery that earns $3,000 or more in gross annual sales of nursery stock shall pay a license fee of $95.
(4) A new applicant or a firm failing to renew a license on or before the annual anniversary date provided for in subsection (2) shall pay an additional nonrefundable application fee of $25 for each license.
(5) An out-of-state firm that imports nursery stock into Montana for resale by a licensed Montana nursery is not required to obtain a license if the firm is licensed in the state of origin of the nursery stock and if that state extends a similar exemption to Montana firms.
(6) If the department determines that the revenue from the license fee is inadequate to accomplish the purposes of this chapter, the department may by rule increase the fee.
(7) The fees required by the provisions of this section may be paid by credit card and may be discounted for payment processing charges paid by the department to a third party."
Section 8. Section 82-15-105, MCA, is amended to read:
"82-15-105. Licenses and fees -- status of license on transfer of ownership. (1) A petroleum dealer or liquefied petroleum dealer may not do business in this state until licensed by the department. The license must be obtained by the dealer by making application to the department upon blank forms provided by the department. A dealer who has not been issued a license and who is found selling, offering for sale, delivering, or distributing petroleum products shall upon conviction be punished as provided by this part.
(2) The department shall adopt rules establishing license fees based upon the measuring devices used by the dealer. The fees may be paid by credit card and may be discounted for payment processing charges paid by the department to a third party. The fees must be deposited in the state special revenue fund of the department for use in administrating and enforcing this part.
(3) All licenses are annual and expire on the anniversary date established by rule by the board of review established in
30-16-302. There is an additional charge of 50% on all license fees that are not paid
before March 1 of each year in which
the vehicle tank, meter, or measuring device is in use within 60 days of the licensee's anniversary date. If the fee is not paid,
the equipment must be sealed and removed from service by the department. It is unlawful for anyone to use a device
removed from service or to break the seal until all fees have been paid.
(4) If ownership of a measuring device changes and the device:
(a) remains at the same location, the license transfers to the new owner and remains in effect until December 31 of that year;
(b) is moved to a new location, the license is void, and the new owner shall:
(i) apply for a new license that will expire on the anniversary date of that year, as provided in subsection (3); and
(ii) pay the applicable fees."
Section 9. Effective date. [This act] is effective on passage and approval.
- END -
Latest Version of HB 73 (HB0073.ENR)
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