_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the Department of Revenue

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING ALCOHOLIC BEVERAGES LAWS RELATING TO the SEASONAL STATUS OF RETAIL ALCOHOLIC BEVERAGES AND LICENSES; ELIMINATING SPECIFIC EXAMPLES OF SEASONAL BUSINESSES; AMENDING SECTION 16-3-310, MCA; and PROVIDING AN IMMEDIATE EFFECTIVE DATE."

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

Section 1. Section 16-3-310, MCA, is amended to read:

"16-3-310. Lapse of license for nonuse. Any retail license issued pursuant to this code (including any retail license to sell beer and table wine for off-premises consumption) not actually used in a going establishment for 90 days shall must automatically lapse. Upon On determining the fact of nonuse for such this period, the department shall cancel such the license of record and no portion of the fee paid therefor shall for it may be refundable. The provisions of this section shall may not apply to the license of any licensee whose premises are operated on a seasonal basis in connection with a bona fide dude ranch, resort, park hotel, tourist facility, or like business, provided such the licensee has secured written authority from the department to close and has licensed premises for a specified period of greater than 90 days' duration. Should the department determine that such a lapse was reasonably beyond the control of the licensee, then the lapse provision shall may not apply."

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