CHAPTER 2
ALCOHOLIC BEVERAGES

SECTION:

4-2-1: Definition

4-2-2: State Provisions Adopted By Reference; Compliance Required

4-2-3: License Required; Fees

4-2-4: Application For License

4-2-5: Issuance Of License; Records Kept

4-2-6: Term Of License; Expiration

4-2-7: Transfer Of License

4-2-8: Display Of License

4-2-9: Days And Hours Of Sales; Business Restrictions

4-2-10: Underage Persons

4-2-11: Drinking In Public; Public Display And Exhibition Of Alcoholic Beverages

4-2-12: Prohibited Acts

4-2-13: Revocation Or Suspension Of License

4-2-14: Administration And Enforcement

4-2-15: Violation; Penalty

4-2-16: Convictions Reported To State

4-2-1: DEFINITION:

The phrase "Montana alcoholic beverage code", as used in this chapter, is defined as title 16, chapters 1 through 6, Montana Code Annotated. (Ord. 11.00)

4-2-2: STATE PROVISIONS ADOPTED BY REFERENCE; COMPLIANCE REQUIRED:

   A.   Statute Sections Adopted: The following sections of the Montana alcoholic beverage code are hereby incorporated by reference and adopted as part of this chapter: 16-1-101, 16-1-106, 16-3-101, 16-3-103, 16-3-105, 16-3-106, 16-3-201, 16-3-301 through 16-3-311, inclusive, 16-4-101 through 16-4-106, inclusive, 16-4-201 through 16-4-207, inclusive, 16-4-301, 16-4-402(1) and (3), 16-4-407, 16-4-501 through 16-4-503, inclusive, 16-6-301, 16-6-305, 16-6-310, and 16-6-311.

   B.   Compliance: The city hereby recognizes its power to enforce the Montana alcoholic beverage code in full concurrence with state law. To that end, whenever the state legislature amends or repeals the Montana alcoholic beverage code, the amendments or repeals shall automatically take effect in the city code. Whenever the Montana department of revenue amends or repeals any regulation, or makes any new or supplementary regulations under the Montana alcoholic beverage code or any act amendatory or supplementary thereto, then the amendments or repeals shall automatically take effect in the city code. Nothing in this subsection shall be construed as an abrogation on the part of the city of any of the state's powers to apply and enforce the Montana alcoholic beverage code. (Ord. 11.00; amd. 2006 Code)

4-2-3: LICENSE REQUIRED; FEES:

   A.   License Required; Fees Established: Any person, firm, or corporation who desires to sell alcoholic beverages in the city shall first obtain a license from the Montana department of revenue. Each seller of alcoholic beverages shall pay license fees to the state as provided in Montana Code Annotated section 16-4-501. Each seller of alcoholic beverages shall also pay license fees to the city as provided in subsection C of this section.

   B.   City May Issue And Modify Fees By Resolution: The city reserves the right to issue and modify city license fees by resolution of the city council.

   C.   City License Fees: Each seller of alcoholic beverages, whether for consumption on or off premises, shall pay the following city license fees by June 30 of each year:

      1.   Each beer retailer, one hundred dollars ($100.00).

      2.   Each retailer of beer and wine, two hundred dollars ($200.00).

      3.   Each retailer of beer, wine, and liquor, a sum equal to five- eighths (5/8) of the fee for an all beverage license collected by the Montana department of revenue, three hundred twelve dollars fifty cents ($312.50). (Ord. 11.00; amd. 2006 Code)