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 all-beverages licenses; ESTABLISHING AN INITIAL $20,000 FEE TO OBTAIN A RESORT RETAIL ALL-BEVERAGES LICENSE; amending sections 16-4-202 and 16-4-501, MCA; and providing an effective date.



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 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 $500,000, at least half of which valuation must be for a structure or structures within the resort area,; and must

(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 50 acres of land of this section.

(b) 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 boundaries, 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.

(6)  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.

(7)  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 full:

(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 necessity.

(10) (a) When the department has accepted a plat and a given resort area has been determined, applications may then be 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."



Section 2.  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 $15 a day for each day that beer and table wine are sold at those events lasting 2 or more days but in no case shall may the fee be less than $30.

(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 shall 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 shall be 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 thereof, 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 subsection 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 fee fees.

(8)  The fee for one all-beverage 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, 66 2/3% of any license fee delinquent on August 1 of the renewal year, and 100% of any license fee delinquent on September 1 of the renewal year.

(12) All license and permit fees collected under this section must be deposited as provided in 16-2-108."



Section 3.  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].



Section 4.  Effective date. [This act] is effective July 1, 1997.

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