2023 Montana Legislature

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(Primary Sponsor)_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

 

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING DISTILLERY LAWS TO PROVIDE THAT THE LICENSED premises MAY INCLUDE MORE THAN ONE BUILDING FOR MANUFACTURING PURPOSES PURSUANT TO FEDERAL LAW; CLARIFYING THAT A DISTILLERY THAT HAS MORE THAN ONE MANUFACTURING LOCATION MAY NOT OPERATE MORE THAN ONE SAMPLE ROOM; and AMENDING SECTION 16-4-312, MCA."

 

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

 

Section 1. Section 16-4-312, MCA, is amended to read:

"16-4-312. Domestic distillery. (1) A distillery located in Montana and licensed pursuant to 16-4-311 may:

(a)        import necessary products in bulk;

(b)        bottle, produce, blend, store, transport, or export liquor that it produces;

(c)        perform those operations that are permitted for bonded distillery premises under applicable regulations of the United States department of the treasury;

(d)        have a premises that includes more than one building for manufacturing purposes pursuant to 27 CFR 19.53 and is operated under a federal basic permit.

(2)        (a) A distillery that is located in Montana and licensed pursuant to 16-4-311 shall sell liquor to the department under this code, and the department shall include the distillery's liquor as a listed product.

(b)        The distillery may use a common carrier for delivery of the liquor to the department.

(c)        A distillery that produces liquor within the state under this subsection (2) shall maintain records of all sales and shipments. The distillery shall furnish monthly and other reports concerning quantities and prices of liquor that it ships to the department and other information that the department may determine to be necessary to ensure that distribution of liquor within this state conforms to the requirements of this code.

(3)        A microdistillery may:

(a)        provide, with or without charge, not more than 2 ounces of liquor that it produces at the microdistillery to consumers for prepared servings though curbside pickup between 10 a.m. and 8 p.m. or consumption on the premises between 10 a.m. and 8 p.m. Liquor samples provided pursuant to this subsection (3) are not permitted at more than one manufacturing premises for each license; or

(b)        sell liquor in original packaging that it produces at retail at the distillery between the hours of 8 a.m. and 2 a.m. directly to the consumer, including curbside pickup, for off-premises consumption if:

(i)         not more than 1.75 liters a day is sold to an individual; and

(ii)        the minimum retail price as determined by the department is charged."

 


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