Senate Bill No. 181
Introduced By hargrove
A Bill for an Act entitled: "An Act clarifying certain provisions relating to resort retail all-beverages licenses; establishing
that a resort area, for the purposes of a resort retail all-beverages license, may not include land or improvements lying
within the boundaries of an incorporated city or town; clarifying the meaning of the terms "control" and "resort area" for
the purposes of resort retail all-beverages licenses; clarifying hearing notice requirements for the purposes of resort retail
and amending section 16-4-202, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 16-4-202, MCA, is amended to read:
"16-4-202. Resort retail all-beverages licenses. (1) It is the intent and purpose of this section to encourage the growth of
quality recreational resort facilities in undeveloped areas of the state and to provide for the orderly growth of existing
recreational sites by the establishment of resort areas within which retail all-beverages licenses may be issued by the
department under the terms
and as more particularly prescribed below of this section. In addition to the licenses as
otherwise set forth in this code, the department may issue resort retail all-beverages licenses in a resort area.
(2) (a) For the purposes of this section,
a resort area is defined as "resort area" means a recreational facility meeting the
qualifications determined by the department and as hereinafter otherwise provided in this section.
(b) The term does not include any land or improvements that lie wholly
or partially within the boundaries of an
incorporated city or town.
(3) The department shall determine that the area for which licenses are to be issued is a resort area
, such determination to
be made under and pursuant to rules to be first promulgated on or before December 31, 1975.
(4) (a) In addition to the other requirements of this code, a resort area, for the purposes of qualification for the issuance of a resort retail all-beverages license, must:
(i) have a current actual valuation of resort or recreational facilities, including land and improvements
thereon, of not less
than $500,000 $10 MILLION, at least half of which valuation must be for a structure or structures within the resort area ,;
(ii) be under the sole ownership or control of one person or entity at the time of the filing of the resort area plat referred to in subsection (5); AND
(III) CONTAIN A MINIMUM OF 100 ACRES OF LAND
of this section.
The word For the purposes of this section, "control" shall mean lands means land or improvements that are owned or
that are held under contract, lease, option, or permit.
(5) The resort area must be determined by the resort area developer or landowner by a plat setting forth the resort area
, and designating the ownership of the lands within the resort area , which. The plat must be verified by the
resort area developer or landowner and filed with the department prior to the filing of any applications by individuals for
resort retail all-beverages licenses within the resort area. Such The plat must show the location and general design of the
buildings and other improvements existing or to be built in said the resort area in which resort retail all-beverages licenses
are to or may be located. A master plan for the development of the resort area may be filed by the resort area developer in
satisfaction of this section.
Upon such filing Within 7 days after the plat is filed, the department shall forthwith schedule a public hearing to be
held in Helena, Montana, to determine whether the facility proposed by the resort area developer or landowner is a resort
area within the meaning of the rules of the department. At least 30 days prior to the date of the hearing, the department
shall publish notice thereof, with a description of the location of the proposed resort area, of the hearing in a newspaper
published in the county or counties in which the resort area is located, once a week for 4 consecutive weeks. The notice
must include a description of the proposed resort area. Each resort area developer or landowner shall, at the time of filing
his an application, pay to the department an amount sufficient to cover the costs of said publication.
Persons Any person may present statements, in person or in writing, a statement to the department at the hearing in
person or in writing in opposition to or support of the plat.
(8) Within 30 days
of after the hearing, the department shall accept or reject the plat. If the plat is rejected, the department
must shall state its reasons and set forth the conditions, if any, under which the plat will be accepted , and the. The decision
of the department may be reviewed pursuant to the review procedure set forth in 16-4-406.
(9) Once filed with the department, the boundaries of a resort area may not be changed without
(a) a hearing, noticed and conducted in the same manner as
above provided in subsections (6) and (7); and
(b) the prior approval of the department,
which approval shall be determined according to public convenience and
(10) (a) When the department has accepted a plat and a given resort area has been determined, applications may
filed with the department by persons for the issuance of resort retail all-beverages licenses within the resort area.
(b) Each applicant
must shall submit plans showing the location, appearance, and floor plan of the premises for which
application for a resort retail all-beverages license is made.
(c) If an applicant otherwise qualifies for a resort retail all-beverages license but the premises to be licensed are still in
construction or are otherwise incomplete at the time
of such that application is made, the department shall issue a letter
stating that the license will be issued at such the time as that the qualifications for a licensed premises have been met,
setting forth such specific time limitations and requirements as the department may establish.
(11) In addition to the restrictions on sale or transfer of a license as provided in 16-4-204 and 16-4-404,
no a resort retail
all-beverages license may not be sold or transferred for operation at a location outside of the boundaries of the resort area.
(12) A resort retail all-beverages license
shall is not be subject to the quota limitations set forth in 16-4-201, and if the
requirements of this section have been met, a resort retail all-beverages license shall must be issued by the department on
the basis that the department has determined that such the license is justified by public convenience and necessity, in
accordance with the procedure required in 16-4-207."
NEW SECTION. Section 2. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].
NEW SECTION. SECTION 3. EFFECTIVE DATE. [THIS ACT] IS EFFECTIVE ON PASSAGE AND APPROVAL.