House bill NO. 254

INTRODUCED BY K. Zolnikov, D. Zolnikov

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING ALCOHOL LAWS TO CLARIFY THAT CURBSIDE PICKUP CONSTITUTES ORDERS THAT ARE MADE IN PERSON, INCLUDING THROUGH A DRIVE-THROUGH WINDOW; AMENDING SECTION 16-3-312, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.

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

Section 1. Section 16-3-312, MCA, is amended to read:

"16-3-312. Curbside pickup. (1) Licensed entities and agency liquor stores provided under subsection (3) may offer curbside pickup.

(2)        Curbside pickup constitutes the sale of alcoholic beverages in original packaging, prepared servings, or growlers that was ordered online, or through the phone, or in person, including but not limited to ordering through a drive-through window, for pickup from the licensee or agency liquor store during normal business hours and within 300 feet of the licensed premises or agency liquor stores, including a drive-through window. Curbside pickup is intended for consumption somewhere other than the pickup location. It is not intended for delivery to residences or other businesses, including but not limited to restaurants or hotels.

(3)        This only applies to licenses issued under 16-3-213, 16-3-214, 16-3-411, 16-4-105, 16-4-110, 16-4-115, 16-4-201, 16-4-208, 16-4-209, 16-4-213, 16-4-312, and 16-4-420, and agency liquor stores under 16-2-101."

Section 2. Effective date. [This act] is effective on passage and approval.