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HOUSE BILL NO. 442
INTRODUCED BY J. STOVALL, T. BECK, R. BROWN, S. DOHERTY, B. EGGERS, D. EWER, T. FACEY, L. GRINDE, H. HARPER, T. KEATING, G. MASOLO, M. MCCANN, R. PECK, S. ROSE, J. SHOCKLEY, P. SLITER, F. SMITH, C. TUSS, J. WITT
AN ACT ALLOWING A SMALL BREWER TO CHARGE FOR SAMPLES OF BEER MANUFACTURED ON THE PREMISES; LIMITING THE PLACE, QUANTITIES, AND PERIODS OF TIME THAT THE BEER MAY BE PROVIDED; AMENDING SECTIONS 16-3-213 AND 16-3-214, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 16-3-213, MCA, is amended to read:
"16-3-213. Brewers or beer importers not to retail beer --
original package and taproom small brewery
exceptions. (1) It shall be unlawful Except as provided for small breweries in subsection (2), it is unlawful for any brewer or
breweries or beer importer to have or own any permit to sell or retail beer at any place or premises. , it being the declared It
is the intention of this section to prohibit brewers and beer importers from engaging in the retail dispensation sale of beer. ;
provided, however, that this shall not be so construed as to This section does not prohibit breweries from making sale selling
and delivery of delivering beer manufactured by them, in original packages, at either wholesale or retail , or from providing,
without charge, their products for consumption on their licensed premises.
(2) (a) For the purposes of this section, a "small brewery" is a brewery that has an annual nationwide production of not less than 100 barrels or more than 10,000 barrels.
(b) A small brewery may, at one location for each brewery license, provide samples of beer that were brewed and fermented on the premises in a sample room located on the licensed premises. The samples may be provided with or without charge between the hours of 10 a.m. and 8 p.m. No more than 48 ounces of malt beverage may be sold or given to each individual customer during a business day."
Section 2. Section 16-3-214, MCA, is amended to read:
"16-3-214. Beer sales by brewers --
taproom sample room exception. (1) Subject to the limitations and restrictions
contained in this code, a brewer who manufactures less than 60,000 barrels of beer a year, upon payment of the annual
license fee imposed by 16-4-501 and upon presenting satisfactory evidence to the department as required by 16-4-101, must
be licensed by the department, in accordance with the provisions of this code and rules prescribed by the department, to:
(a) sell and deliver beer from its storage depot or brewery located in Montana to:
(i) a wholesaler;
(ii) any retail licensees who are entitled to purchase beer from a brewer under this code; or
(iii) the public; or
, without charge, its own products for consumption on its licensed premises without charge or, if it is a small
brewery, provide its own products at a sample room as provided in 16-3-213; or
(c) do any one or more of the acts of sale and delivery of beer.
(2) An additional license fee may not be imposed on a brewery providing
, without charge, its own products on its
licensed premises for consumption on the premises.
(3) This section does not prohibit a brewer located outside of Montana from shipping and selling beer directly to a wholesaler in this state under the provisions of 16-3-230."
Section 3. Effective date. [This act] is effective on passage and approval.
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Latest Version of HB 442 (HB0442.ENR)
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