Senate bill NO. 179

INTRODUCED BY J. Small

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT Revising alcohol laws allowing certain retailers to buy and sell beer outside of the territory of the wholesaler in which the retailer is located; and AMENDING SECTION 16-3-219, MCA."

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

Section 1. Section 16-3-219, MCA, is amended to read:

"16-3-219. Dock sales restricted -- exceptions. (1) Except as provided in subsections (2) through (4), beer may not be delivered to a licensed retailer at any location other than the retailer's licensed premises.

(2)        An all-beverages licensee may personally or through an employee obtain from any wholesaler's warehouse any quantity of beer as the all-beverages licensee and wholesaler may agree to buy and sell.

(3)        Retailers other than an all-beverages licensee may personally or through an employee obtain from the wholesaler's warehouse any quantity of beer that the retailer and wholesaler may agree to buy and sell only within the territory of the wholesaler in which the retailer is located.

(4)        When a beer wholesaler's trucks and equipment are incapable of delivering beer to a retail licensee's premises due to the unique physical location of the retail licensee's premises, examples of which are premises located on an island or atop a mountain, the beer wholesaler and retail licensee may seek prior department approval for an alternative delivery arrangement on a form provided by the department. If the department approves the alternative delivery arrangement request, the department shall provide the beer wholesaler and the retail licensee a written summary of the conditions of the approved delivery arrangement. Failure to comply with the approved alternative delivery arrangement may subject the beer wholesaler or retail licensee to administrative action."