_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT allowing off-premises beer and wine licenses to deliver beer and wine; providing for licensing by the department of revenue; providing for payment of a fee; and AMENDING SECTION 16-4-115, MCA."

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 -- delivery. (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. If the premises proposed for licensing are operated in conjunction with another business, that business must be a grocery store or 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 On 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 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)        A license issued under this section may offer curbside pickup between 8 a.m. and 2 a.m. in original packaging.

(6)        A grocery store with a license to sell beer and wine in original packaging may apply to the department and pay a fee for an endorsement to, with the licensee's own agents or employees who are 21 years of age or older, deliver beer and wine in original packaging if the delivery includes groceries in their original packaging or food that is prepared by the licensee at the licensee's premises. The purchase price of the delivered beer and wine may not exceed the purchase price of the delivered food."