Montana Code Annotated 2023

TITLE 16. ALCOHOL, TOBACCO, AND MARIJUANA

CHAPTER 4. LICENSE ADMINISTRATION

Part 4. Licensing Criteria

Fingerprints Required Of Applicants And Location Managers -- Exceptions

16-4-414. Fingerprints required of applicants and location managers -- exceptions. (1) Except as provided in subsection (2), an applicant for a license under this code, an individual who must meet the requirements of 16-4-401 for the issuance of a new license or for the approval of the transfer of a license, and any person employed by the applicant as a location manager shall submit their fingerprints with the application to facilitate a fingerprint and background check by the department of justice and the federal bureau of investigation. The results of the investigation must be used by the department in determining the applicant's eligibility for a license.

(2) (a) If the applicant is a publicly traded corporation, an officer and any person employed by the applicant as a location manager are subject to the fingerprint and background check in subsection (1).

(b) If the applicant employs a business entity as a location manager, a person designated pursuant to 16-4-419(3) is subject to the fingerprint and background check in subsection (1).

(c) A change in the form of a licensee's business entity that does not result in any person having a new ownership interest in the business is not grounds for the department to require a fingerprint or background check.

(3) Approved applicants may use a single background check and set of fingerprints for multiple license applications within 5 years. Applicants must attest that no criminal charges have been filed since the background check was last completed.

History: En. Sec. 1, Ch. 110, L. 2003; amd. Sec. 1, Ch. 495, L. 2005; amd. Sec. 7, Ch. 568, L. 2021; amd. Sec. 3, Ch. 140, L. 2023.