SENATE BILL NO. 127
INTRODUCED BY M. WATERMAN
BY REQUEST OF THE DEPARTMENT OF REVENUE
AN ACT REQUIRING A BUSINESS ENTITY THAT OWNS A LIQUOR LICENSE TO OBTAIN APPROVAL FROM THE DEPARTMENT OF REVENUE PRIOR TO CHANGING THAT BUSINESS ENTITY'S OWNERSHIP; REQUIRING A BUSINESS ENTITY THAT OWNS A LIQUOR LICENSE TO OBTAIN APPROVAL FROM THE DEPARTMENT PRIOR TO CHANGING THE BUSINESS ENTITY; REQUIRING ALL INDIVIDUALS WHO CONTROL THE OPERATION OF A CORPORATE LIQUOR LICENSE TO BE QUALIFIED BY THE DEPARTMENT; AMENDING SECTION 16-4-401, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Changes in business entity ownership -- department approval required. (1) In the case of corporate licensees, a person or entity that does not own stock or owns less than 10% of the stock in the corporation may not receive stock that results in the person or entity's share of stock in the corporation being 10% or greater unless the department reviews and determines that the person or entity qualifies for ownership of a liquor license as provided in 16-4-401.
(2) In the case of all other business entities, when a proposed transfer of ownership would result in a party who prior to the transfer owned no interest in the license owning an interest in the license, the proposed transfer must be submitted to the department for review. The proposed new party must qualify for ownership of a liquor license as provided in 16-4-401.
(3) In the case of a proposed change in business entity, the proposed new business entity shall apply for a transfer of ownership of the license with the department prior to changing the business entity. The proposed new business entity must qualify for ownership of a liquor license as provided in 16-4-401.
Section 2. Section 16-4-401, MCA, is amended to read:
"16-4-401. License as privilege -- criteria for decision on application. (1) A license under this code is a privilege
which that the state may grant to an applicant and is not a right to which any applicant is entitled.
(2) Except as provided in subsection (6), in the case of a license that permits on-premises consumption, the department
must shall find in every case in which it makes an order for the issuance of a new license or for the approval of the transfer
of a license that:
(a) in the case of an individual applicant:
(i) the applicant will not possess an ownership interest in more than one establishment licensed under this chapter for all-beverages sales;
(ii) the applicant does not possess an ownership interest in an agency liquor store as defined in 16-1-106;
(iii) the applicant or any member of the applicant's immediate family is without financing from or any affiliation to a manufacturer, importer, bottler, or distributor of alcoholic beverages;
(iv) the applicant is a resident of the state and is qualified to vote in a state election;
(v) the applicant's past record and present status as a purveyor of alcoholic beverages and as a business person and citizen demonstrate that the applicant is likely to operate the establishment in compliance with all applicable laws of the state and local governments; and
(vi) the applicant is not under the age of 19 years of age; and
(b) in the case of a corporate applicant:
(i) the owners of at least 51% of the outstanding stock meet the requirements of subsection (2)(a)(iv);
(ii) each owner of 10% or more of the outstanding stock meets the requirements for an individual applicant listed in subsection (2)(a);
(iii) each individual who has control over the operation of the license or shares in the profits or liabilities of the license meets the requirements for an individual applicant listed in subsection (2)(a);
(iii)(iv) the corporation is authorized to do business in Montana; and
(iv)(v) in the case of a corporation not listed on a national stock exchange, each owner of stock meets the requirements
of subsections (2)(a)(i) and (2)(a)(ii); and
(c) in the case of any other business entity as applicant:
(i) if the applicant consists of more than one individual, all must meet the requirements of subsection (2)(a); and
(ii) if the applicant consists of more than one corporation, all must meet the requirements of subsection (2)(b).
(3) In the case of a license that permits only off-premises consumption, the department must shall find in every case in
which it makes an order for the issuance of a new license or for the approval of the transfer of a license that:
(a) in the case of an individual applicant:
(i) the applicant will not possess an ownership interest in more than one establishment licensed under this chapter for all-beverages sales;
(ii) the applicant does not possess an ownership interest in an agency liquor store as defined in 16-1-106;
(iii) the applicant or any member of the applicant's immediate family is without financing from or any affiliation to a manufacturer, importer, bottler, or distributor of alcoholic beverages;
(iv) the applicant has not been convicted of a felony or, if the applicant has been convicted of a felony, the applicant's rights have been restored;
(v) the applicant's past record and present status as a purveyor of alcoholic beverages and as a business person and citizen demonstrate that the applicant is likely to operate the establishment in compliance with all applicable laws of the state and local governments; and
(vi) the applicant is not under the age of 19 years of age; and
(b) in the case of a corporate applicant:
(i) the owners of at least 51% of the outstanding stock meet the requirements of subsection (3)(a)(iv);
(ii) each owner of 10% or more of the outstanding stock meets the requirements for an individual listed in subsection
(3)(a) of this section; and
(iii) the corporation is authorized to do business in Montana; and
(c) in the case of any other business entity as applicant:
(i) if the applicant consists of more than one individual, all must meet the requirements of subsection (3)(a); and
(ii) if the applicant consists of more than one corporation, all must meet the requirements of subsection (3)(b).
(4) In the case of a license that permits the manufacture, importing, or wholesaling of an alcoholic beverage, the
department must shall find in every case in which it makes an order for the issuance of a new license or for the approval of
the transfer of a license that:
(a) in the case of an individual applicant:
(i) the applicant has no ownership interest in any establishment licensed under this chapter for retail alcoholic beverages sales;
(ii) the applicant does not possess an ownership interest in an agency liquor store as defined in 16-1-106;
(iii) the applicant has not been convicted of a felony or, if the applicant has been convicted of a felony, rights have been restored;
(iv) the applicant's past record and present status as a purveyor of alcoholic beverages and as a business person and citizen demonstrate that the applicant is likely to operate the establishment in compliance with all applicable laws of the state and local governments;
(v) the applicant is not under the age of 19 years of age; and
(vi) an applicant for a wholesale license is neither a manufacturer of an alcoholic beverage nor is owned or controlled by a manufacturer of an alcoholic beverage; and
(b) in the case of a corporate applicant:
(i) the owners of at least 51% of the outstanding stock meet the requirements of subsection (4)(a)(iii);
(ii) each owner of 10% or more of the outstanding stock meets the requirements for an individual listed in subsection
(4)(a) of this section;
(iii) an applicant for a wholesale license is neither a manufacturer of an alcoholic beverage nor is owned or controlled by a manufacturer of an alcoholic beverage; and
(iv) the corporation is authorized to do business in Montana; and
(c) in the case of any other business entity as applicant:
(i) if the applicant consists of more than one individual, all must meet the requirements of subsection (4)(a); and
(ii) if the applicant consists of more than one corporation, all must meet the requirements of subsection (4)(b).
(5) In the case of a corporate applicant, the requirements of subsections (2)(b), (3)(b), and (4)(b) apply separately to each class of stock.
(6) The provisions of subsection (2) do not apply to an applicant for or holder of a license pursuant to 16-4-302."
Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 16, chapter 4, part 4, and the provisions of Title 16, chapter 4, part 4, apply to [section 1].
Section 4. Effective date. [This act] is effective on passage and approval.
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Latest Version of SB 127 (SB0127.ENR)
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